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The  Roman  Court, 


OR 


A  Treatise  on  the  Cardinals,  Roman  Congregations 

and  Tribunals,  Legates,  Apostolic  Vicars, 

Protonotaries,  and  Other  Prelates 


of  the 

Holy  Roman  Church* 

BY    THE 

Reverend  Peter  A.  Baart,  S.  T.  L., 

Author  of  "Orphans  and  Orphan  Asylums,"  and  "Episcopal  Claims  Disproved. 


FR.     PUSTET, 
Printer  to  the  Holy  See  and  the  S.  Congregation  of  Rite: 


FR.   PUSTET  &  CO., 

NEW     YORK     AND     CINCINNATI. 


Nihil  Obstat. 

Carolus  O'Reilly,  S.  T.  D., 

Censor  Deputatus. 

Imprimatur. 

Joannes  S.  Foley, 

ICpiscopus  Detroitensis. 

Die  25,  m.  Septembris,  1895. 


LOAN  STACK 


Copyrighted,  1895, 

BY 

P.  A.  BAART. 

ALL   RIGHTS   RESERVED, 


Press  of  The  Statesman, 
marshall,  mich. 


ex  i  to  i 


PREFACE. 


If  a  reason  must  be  given  for  writing  a  book  on 
the  Roman  Court  and  presenting  it  to  English- 
speaking  people,  it  can  be  found  in  the  fact  that 
there  is  no  other  book  printed  in  English  on  this 
most  important  subject.  The  points  which  may  be 
gathered  from  encyclopedias  are  often  vague  and 
not  unfrequently  misleading.  To  place  before  the 
public  a  book,  which,  it  is  believed,  is  quite  accurate 
and  contemporary,  has  not  been  a  light  task.  On  a 
number  of  points  special  inquiry  had  to  be  made  in 
Rome.  It  will  be  noticed  that  the  practice  in 
America  on  some  of  these  points,  particularly  in 
regard  to  titles,  diverges  not  a  little  from  that 
accepted  in  Rome. 

The  chapters  on  the  Conclave  or  the  College  of 
Cardinals  during  a  vacancy  in  the  Apostolic  See,  on 
the  Congregations  of  the  Inquisition,  the  Index  and 
the  Propaganda,  as  well  as  those  on  Prelates  and 
Legates  may  be  of  special  interest  to  Americans. 
Regarding  the  American  legation  some  information 
is  given  which  heretofore  may  not  have  reached  the 
general  public.  If,  however,  it  is  not  new,  the  repe- 
tition of  it  will  do  no  harm. 

Throughout  this  treatise  the  word  Protonotary  is 
spelled  without  the  "h"  which  is  usually  inserted. 


L       731 


4  PREFACE. 

Protonotary  is  derived  from  protos,  first,  not  from 
prothos.  The  Latin,  Italian,  French,  Spanish  lan- 
g-uag-es  retain  proto  in  protonotary,  just  as  in  proto- 
martyr  and  similar  compound  words.  Can  any  g-ood 
reason  be  g'iven  for  writing*  prothonotary,  except 
that  some  one  else  has  done  it? 

Whatever  appears  in  the  following-  pages  is  cheer- 
fully submitted  to  the  judgment  and  correction  of 
proper  ecclesiastical  authority. 

Peter  A.  Baart. 
Marshall,  Mich.,  Aug-ust  15,  1895. 


CONTENTS. 

Introductory  Chapter. — The  Roman  Pontiff,  Primate  of  the 
Church. 

Part  First. — The  Sacred  College  of  Cardinals. 

Pagre. 

Chapter  I. — The  Word  Cardinal 10 

Chapter  II. — Order,  Title,  Number  of  Cardinals 14 

Chapter  III. — Antiquity  of  the  College  of  Cardinals 22 

Chapter  IV. — Dignity  of  the  Cardinalate 27 

Chapter  V. — Mutual  Relations  of  the  Pope   and  the  Sacred 

College 32 

Chapter  VI. — Creation   of  Cardinals 42 

Chapter  VII. — Cardinals  in  Relation  to  their  Titles • 53 

Chapter  VIII. — The  College  of  Cardinals  during  a  Vacancy 

in  the  Apostolic  See;    The  Conclave 59 

Part  Second — The  Roman  Congregations  and  Tribunals. 

Chapter  I. — The  Sacred  Consistory  and  its  Auxiliary  Con- 
gregations: The  Consistorial  Congregation,  the  Con- 
gregation for  Choosing  Bishops,    The  Congregation  for 

Extraordinary  Ecclesiastical  Affairs 80 

Chapter  II. — The  Holy  Office  or  Universal  Inquisition 93 

Chapter  III. — The  Congregation  of  the  Index 113 

Chapter  IV. — The  Congregation  on  Studies 140 

Chapter  V. — The  Congregation  of  Rites 146 

Chapter  VI. — The  Congregation  on  Ceremonies 163 

Chapter  VII. — The     Congregation     for    Indulgences     and 

Relics 165 


6  CONTENTS. 

Pag-e. 

Chapter  VIII. — The    Congregation    for   the     Fabric  of  St. 

Peter's 170 

Chapter  IX. — The  Congregation  of  the  Council;  The  Subor- 
dinate Congregations  for  Visits  ad  Limina,  For  Re- 
viewing Provincial  Synods,  For  Ecclesiastical  Immu- 
nity,    For  the  Residence  of  Bishops 176 

Chapter  X. — The  Congregation  of  Bishops  and  Regulars; 
and  the  Congregation  on  Regular  Discipline  and  on  the 
State  of  Regulars 197 

Chapter  XL — The    Congregation     for    the  Propagation   of 

Faith 208 

Chapter  XII. — Certain  Rules  of  the  Congregations 228 

Chapter  XIII. — The  Tribunals  of  Justice;  The  Rota,  Treas- 
ury Apostolic,  Signature  of  Justice 235 

Chapter  XIV. — The  Tribunals  of  Favor;  The  Signature  of 
Favor,   The  Datary,   The  Sacred  Penitentiary 243 

Chapter  XV. — The  Tribunals  of  Expedition;  the  Roman 
Chancery,  The  Secretariate  of  Briefs,  The  Secretariate 
of  State,  The  Secretariate  of  Memorials 256 

Chapter  XVI. — Advocates,  Notaries,  Agents  in  the  Roman 

Court 266 

Part  Third — Prelates,  Legates,  Vicars  Apostolic, 
Protonotaries. 

Chapter  I. — Prelates  of  the  Roman   Court 271 

Chapter  II, — Legates  of  the  Apostolic  See 280 

Chapter  III. — The  Power  of  Apostolic  Legates 297 

Chapter  IV. — Vicars  Apostolic 316 

Chapter  V.  — Protonotaries  Apostolic - 325 


INTRODUCTORY    CHAPTER. 


The  Roman  Pontiff,  Primate  of  the  Church* 

1.  The  Pope,  the  Bishop  of  Rome,  is  the  visible 
head  of  the  Catholic  Church  throughout  the  world. 
He  is  the  vicar  of  Christ  and  the  successor  of  St. 
Peter,  who  died  Bishop  of  Rome  and  primate  of  the 
whole  Church.  This  primacy,  not  only  of  honor  but 
also  of  jurisdiction,  which  Christ  conferred  on  St. 
Peter,  is  essential  to  the  constitution  of  the  Church  ; 
and  because  the  Church,  according"  to  the  promise  of 
Christ,  is  to  last  to  the  end  of  time,  the  primacy  also 
shall  ever  remain  with  the  successor  of  St.  Peter  in 
the  See  of  Rome. 

2.  By  virtue  of  this  primac}^  the  Roman  Pontiff 
has  full  and  supreme  power  of  jurisdiction  over  the 
whole  Church,  not  only  as  the  infallible  teacher  in 
questions  of  faith  and  morals,  but  also  as  the  ruler 
in  what  pertains  to  the  discipline  and  government  of 
the  Church  throughout  the  world.  Moreover  this 
power  is  ordinary  and  immediate  over  all  churches 
and    over  both   pastors    and  people.     Hence   in  the 


8  THE   ROMAN   COURT. 

universal  Church  the  Roman  Pontiff  is  the  supreme 
teacher,  lawgiver  and  judge.  He  can  therefore 
make  laws  which  bind  the  whole  Church  ;  he  can 
abrogate  the  general  laws  even  of  oecumenical,  coun- 
cils ;  he  can  convoke,  preside  at  and  confirm  oecu- 
menical councils  ;  he  can  examine  and  decide  all  eccle- 
siastical causes  and  receive  appeals  from  any  and 
every  ecclesiastical  tribunal.  To  him  exclusively 
belongs  the  right  of  treating  what  are  called  major 
causes.  Such  are  questions  regarding  faith,  the 
erection  of  episcopal  sees,  the  division  of  ecclesiasti- 
cal provinces,  the  cononization  of  saints,  the  trial  of 
bishops. 

3.  It  is  evident  that  the  Pope  requires  assistance 
in  performing  the  many  and  onerous  duties  of  the 
primacy.  The  collection  of  assistants  who  par- 
ticipate under  the  Pope  in  ruling  the  universal 
Church  is  called  the  Roman  Court.  Those  who  as- 
sist the  Pope  in  administering  the  diocese  of  Rome 
or  in  ruling  as  a  temporal  sovereign  are  also  consid- 
ered part  of  the  Roman  Court,  but  only* in  an  ac- 
cessory or -secondary  way.  Of  this  secondary  part 
of  the  Roman  Court  we  shall  not  treat,  for  only  in- 
directly does  it  concern  the  universal  Church. 

4.  Considered  then  in  its  stricter  sense,  the  Roman 
Court  is  composed  of  the  Sacred  College  of  Cardi- 
nals, of  several  congregations  of  these  same  cardi- 
nals, of  some  other  ecclesiastical  tribunals,  and 
finally  of  those  legates,  vicars,  administrators  and 
prefects  who  are  called  apostolic,  that  is,  sent  by^  the 
Apostolic  See  and  fortified  with  its  authority  and 
jurisdiction. 

Through  all  these  councilors,  judges  and  officials 


PRIMATE    OF    THE   CHURCH.  9 

combined,  the  strong-  and  yet  mild  rule  of  the  Su- 
preme Pontiff  in  spiritual  affairs  reaches  throughout 
the  world  ;  and  thus  he  fulfils  the  obligation  im- 
posed upon  him  of  feeding  and  guarding  the  whole 
flock  of  Christ. 

5.  We  shall  divide  this  treatise  into  three  parts. 
In  the  first  we  shall  treat  of  the  cardinals  of  the 
Holy  Roman  Church  or  the  Sacred  College ;  in  the 
second,  of  the  Roman  Congregations  and  Tribunals, 
and  of  their  authority  ;  and  in  the  third  part  we  shall 
write  of  prelates,  legates,  vicars  apostolic  and 
certain  other  ministers  or  officials  of  the  Apos- 
tolic See. 


PART  FIRST. 


The  Sacred  College  of  Cardinals. 


CHAPTER  I. 


THE    WORD   CARDINAL. 


6.  It  is  interesting-  and  profitable  to  note  the  use 
of  the  word  cardinal  in  earlier  church  history;  for 
not  a  few  writers  formerly  endeavored  to  maintain 
that  this  title  was  peculiar  to  parish  priests,  that  in 
the  earlier  agfes  cardinals  were  only  parish  priests, 
and  that  consequently  the  pre-eminence  of  the  cardi- 
nals of  the  Holy  Roman  Church  over  bishops,  arch- 
bishops and  even  patriarchs  was  introduced  through 
the  ambition  of  the  Roman  Court. 

7.  Marius  Lmpus  in  his  work,  On  Parishes,  says 
that  in  all  the  more  celebrated  dictionaries  which  he 
consulted  the  word  cardinal  is  derived  from  cardo 
which  means  a  hinge;  but  he  adds  that  it  was  used 
metaphorically  by  the  ancients  with  the  meaning"  of 
primary,  principal.  Thomassin,  Muratori  and 
others    interpret  the    word    to  mean,    fixed,   stable, 


10 


THE    WORD   CARDINAL.  11 

irremovable.  Gothofred  in  his  Notes  on  the  Theodo- 
sian  Code,  writing-  in  the  year  1625,  says:  "To  this 
day  we  do  not  know  what  the  word  cardinal 
means." 

8.  The  first  use  of  the  word  in  church  writing's  is 
found  in  a  letter  which  Gratian  in  his  compilation  of 
canon  law  under  the  heading*  of  Can.  Sacrosancta, 
dist.  22,  ascribes  to  Pope  Anacletus,  who  reig-ned  in 
the  year  84,  in  which  letter  the  Pontiff  calls  the 
Roman  Church  "the  hing-e,"  cardo  on  which  other 
churches  depend.  This  letter,  however,  is  rejected 
by  the  learned  as  unauthentic. 

In  the  same  way,  according*  to  Labbe,  we  must  re- 
ject the  "Second  Roman  Council  under  Pope  Sylves- 
ter" which  is  ascribed  to  the  year  324,  and  from 
which  is  gathered  the  following"  explicit  mention  of 
the  cardinals  of  the  Holy  Roman  Church:  "Let  not 
a  bishop  be  condemned  unless  with  seventy-two  wit- 
nesses; let  not  a  cardinal-priest  be  deposed  unless 
with  sixty-four  witnesses;  let  not  a  cardinal-deacon 
of  the  city  of  Rome  be  condemned  unless  with  twenty- 
seven  witnesses."  This  quotation  is  found  in  Cap. 
PraesuL  2.  quest.  4.  causa  2;  but  whatever  legfal 
weight,  because  of  being*  inserted  in  canon  law,  the 
passage  itself  may  have,  historians  now  admit  that 
the  whole  council  known  as  the  "Second  Roman 
Council  under  Pope  Sylvester"  is  fictitious;  therefore 
as  a  matter  of  history  it  is  not  certain  that  the  word 
cardinal  was  used  at  the  time  of  Pope  Sylvester. 
Hence  Dr.  Smith  in  his  Elements  of  Ecclesiastical 
Law  is  in  error  when,  following-  Craisson  and  Fer- 
raris, he  quotes  from  the  apocryphal  Second  Council 
of  Rome  to  show  the  early  use  of  the  word  cardinal. 


12  THE   ROMAN   COURT. 

9.  Coming*  to  documents  which  are  authentic,  it 
may  be  said  that  the  word  cardinal  is  found  first 
under  Pope  Damasus  I.  in  the  year  366.  Volterran, 
a  writer  of  g*reat  authority,  relates  that  he  himself 
saw  a  charter  by  which  Zenobius,  a  Roman  senator, 
made  a  certain  donation  to  the  church  of  Arezzo 
in  the  time  of  Pope  Damasus  I.  This  charter, 
preserved  in  the  church  of  Arezzo,  has  the  fol- 
lowing- endorsement:  "I,  John,  cardinal-deacon  of 
the  Holy  Roman  Church,  on  the  part  of  Pope  Da- 
masus praise  and  confirm  the  grant. "  In  Antrofiol. 
i,  22,  in  Vit.  Innoc.  IV.  pag".  255. 

Under  Pope  Gelasius,  who  beg-an  his  reig-n  in  the 
year  492,  the  word  cardinal  was  freely  used,  and 
evidence  of  the  fact  is  found  in  ancient  parchments 
now  preserved  in  St.  Mary's  beyond  the  Tiber. 
Even  before  him,  Pope  St.  Leo  frequently  mentions 
the  priests  and  deacons  cardinis  nostri,  "of  our 
church".  In  fact  during-  the  fifth  century  it  may  be 
said  the  word  cardinal  was  in  common  use.  Its 
meaning-,  however,  was  quite  different  from  that 
g-iven  it  at  the  present  day. 

10.  In  the  sixth  century,  especially  in  the  writing's 
of  St.  Greg-ory  the  Great,  to  incardinate  or  make  a 
cleric  a  cardinal,  meant  the  same  as  to  assig-n  him 
at  least  temporarily  to  some  church  in  which  he  was 
to  perform  the  duties  of  his  order  and  thence  also 
derive  his.  support.  Whether  other  than  cathedral 
churches  were  called  cardines,  hing-es,  is  uncertain  ; 
thoug-h  several  passag-es  in  the  letters  of  St.  Greg-- 
ory  tend  to  show  that  all  churches  and  even  ora- 
tories were  called  cardines.  It  is  certain,  however, 
that  the  title  of  cardinal  was  not  confined  to  any 


THE   WORD   CARDINAL.  13 

one  cleric  assigned  to  a  church,  but  was  used  indis- 
criminately of  all  connected  with  it.  Hence  it  can 
never  be  proved  that  parish  priests  had  the  peculiar 
title  of  cardinal  in  the  ancient  discipline  of  the 
Church. 

11.  In  the  Middle  Ages,  at  least  from  the  eighth 
century,  it  is  certain  that  the  chief  clerics  of  cathe- 
dral churches  and  especially  of  the  Apostolic  See, 
were  called  cardinals.  They  constituted  the  col- 
lege which  was  first  called  the  presbytery  and  later 
the  chapter,  and  which,  associated  with  the  Bishop 
as  head,  participated  in  the  government  of  the 
churches. 

How  the  transition  was  made  from  the  general  use 
of  the  word  cardinal  as  we  find  it  in  the  time  of  St. 
Gregory,  to  the  restricted  use  of  the  Middle  Ages, 
extant  documents  will  not  help  us  discover. 

12.  Cardinal  Petra  in  his  work  Ad  Const.  75, 
Eug-en.  IV.,  No.  /j,  says  that  Pius  V.,by  his  Con- 
stitution of  February  15,  1568,  took  away  from  all 
except  the  cardinals  of  the  Roman  Church  the  privi- 
lege of  using  the  name  cardinal.  Cohellius,  how- 
ever, and  Tria  object  that  no  such  constitution  can 
be  found.  As  a  matter  of  fact,  also,  the  canons  of 
some  churches  still  retain  the  name  of  cardinal.  In 
the  cathedral  of  Naples  there  are  fourteen  canons 
who  are  called  cardinals,  and  in  Soissons  until  very 
lately  there  were  eleven  cardinal-priests  among  the 
canons.  For  a  long  time,  however,  the  name  has 
been  the  peculiar  property  of  the  cardinals  of  the 
Holy  Roman  Church. 


CHAPTER  II. 

THE   ORDER,    TITLE,    NUMBER   OE   CARDINALS. 

13.  Cardinals  are  divided  into  the  three  orders 
of  bishops,  priests  and  deacons.  This  classification, 
though  now  well  known  and  fully  recognized,  was  of 
gradual  development.  First  in  chronological  order 
was  the  institution  of  cardinal-priests;  then  came 
cardinal-deacons  and  lastly  cardinal-bishops. 

There  have  been  also  cardinal-subdeacons  of  the 
Holy  Roman  Church;  but  since  the  time  of  Alexan- 
der III.  we  find  no  mention  of  them.  Thomassin  in 
his  work,  Old  and  New  Discipline  of  the  Church, 
-part  i,  bk.  2,  ch.  116,  6,  says  that  in  the  Roman 
Council  held  in  963  under  the  Emperor  Otho  I.,  a 
cardinal-subdeacon  named  John  was  present.  Tom- 
agna,  Origini  de  Cardinali,  vol.  /,  fig:  14.7,  and  Co- 
hellius  tell  us  that  in  the  year  1057  a  certain  Pred- 
ericus  Lotharingius  was  decorated  with  the  cardi- 
nalitial  dignity  under  the  name  of  cardinal-subdea- 
con. Likewise  under  Nicholas  II.,  Hildebrand  a 
Soana  was  made  a  cardinal-subdeacon.  Baronius  in 
his  annals  of  the  year  1177  relates  that  the  cardinal- 
deacon  of  the  title  of  St.  George  and  a  certain  car- 
dinal-subdeacon of  the  Apostolic  See  were  sent  as 
legates  by  Alexander  III. 

14.  The  order  of  cardinal-priests  seems  to  have 
originated  in  this  manner :  St.  Cletus,  who  was  the 
second  successor  of  St.  Peter  and  began  his  reign  in 


ORDER    OE    CARDINALS.  15 

the  year  78,  according-  to  Liber  Ponlijicalis  divided 
the  city  of  Rome  into  districts  and  assigned  to  each 
its  own  priest.  Pagius  says  there  were  twenty- 
five  such  districts,  others  mention  seven,  but  Anton- 
elli  says  the  exact  number  is  not  known.  Pope 
Evaristus  later  confirmed  this  division  of  the  city  of 
Rome  into  parishes  or  titles  and  the  priests  who 
were  incardinated  or  entitled  in  these  churches  were 
afterwards  called  cardinal-priests.  It  is  more  than 
likely  that  not  until  the  time  of  Pope  Dionysius,  A.  D. 
259,  was  a  similar  division  made  of  the  territory 
outside  the  city  of  Rome;  for  in  Caf>.  Eccles.  /,  Causa 
/j,  we  read  the  words  of  Dionysius  himself  regard- 
ing- the  institution  of  parishes:  "We  have  given 
churches  to  priests,  one  to  each.  We  have  divided 
parishes  and  cemeteries  among  them,  and  have  or- 
dained that  each  shall  have  his  right,  in  such  a  man- 
ner that  one  may  not  infringe  on  the  limits  or  rights 
of  the  parish  of  another,  but  that  each  may  be  con- 
tent with  the  limits  assigned  him  and  thus  guard 
the  church  and  the  people  committed  to  his  charge." 
15.  How  the  word  TITLE  originated  is  not  clear,  for 
there  are  four  opinions  concerning  it.  The  first  is 
that  of  them  who  think  that  any  building  converted 
unto  sacred  use  and  devoted  to  the  gatherings  of  the 
faithful  was  called  a  title.  But  this  is  unsatisfac- 
tory, for  no  reason  is  given  why  such  buildings  were 
called  titles.  The  second  is  that  of  Baronius,  who 
by  learned  testimony  shows  that  to  houses  belonging 
to  the  royal  fisc,  a  banner  ornamented  with  the  image 
of  the  emperor  was  affixed,  and  by  this  banner  the 
house  was  entitled  or  known  as  the  emperor's.  In 
the  same  way,   according  to  him,  the  buildings  con- 


16  THE   ROMAN  COURT. 

verted  to  Christian  worship  had  the- cross  affixed  to 
them  and  were  thus  entitled  to  Christ  and  called 
titles.  The  third  opinion,  also  proposed  by  Baron- 
ius,  is  that  which  Thomassin  favors.  According"  to 
it,  churches  were  called  titles  because  the  priests 
who  served  them  took  their  title  and  name  from  them. 
The  fourth  opinion  is  proposed  by  Tomagna.  He 
deduces  the  word  title  from  the  well-known  history 
of  the  patriarchs  and  prophets  of  the  Old  Testa- 
ment, who  called  stones  and  altars  erected  for  the 
worship  of  God,  titles.  The  heathens  also  used  the 
same  appellation  for  their  altars.  What  then,  he 
asks,  is  more  natural  than  that  the  Christians  should 
continue  the  use  of  the  word  title  to  signify  their 
places  of  worship.  Every  church,  however,  is  not 
now  called  a  title,  but  only  those  which  are  assigned 
to  the  cardinals  of  the  Holy  Roman  Church. 

16.  In  the  time  of  Pope  Dionysius  there  were 
twenty-five  such  titles,  and  under  Pope  Marcellus 
there  were  twenty-eight,  according*  to  Cohellius. 
In  the  year  1410  when  John  XXII.  began  to  reign, 
there  were  thirty-one  cardinal-priests.  But  the 
Council  of  Constance  in  1414  and  that  of  Basle  in  1429 
determined  that  the  number  of  cardinals  should  be 
restricted  to  twenty-four.  Pope  Paul  IV.  issued  a 
bull  prohibiting  a  greater  number  than  forty  cardi- 
nals, but  nevertheless  he  himself  as  well  as  Pius  IV. 
in  1559  and  Gregory  XIII.  in  1572  increased  the 
number  to  seventy-six.  This  is  the  greatest  number 
ever  reached,  according  to  Ferraris,  and  there  is  no 
good  authority  for  the  assertion  of  Dr.  Smith,  Ele- 
ments, Vol.  /,  No.  492,  that  under  Pope  Pascal  II. 
there  were  ninety  cardinals. 


TITLE   OF    CARDINALS, 


17 


Pope  Sixtus  V.  in  1587  fixed  the  number  at  seventy, 
which  is  the  rule  at  the  present  time.  He  also  as- 
signed fifty  titles  to  cardinal-priests,  abolishing- 
some  previously  existing"  and  creating-  other  new 
ones.  Finally  Clenient  VIII.  in  1602  re.-arrang-e*d 
the  churches  of  the  cardinal-priests  and  his  action 
was  confirmed  by  Paul  V.  in  1618.  Following-  are 
the  presbyteral  titles  according-  to  the  present  disci- 
pline of  the  Church: 


s. 

Lorenzo  in  Lucina, 

S. 

Marcello. 

<4  4 

Ag-nes  fuori  le  MurL 

4  4 

Marco. 

■4  ( 

Ag-ostino. 

4% 

Maria  deg-li  Ang-eli 

4  4 

Anastasia. 

K% 

Maria  della  Pace. 

ss. 

Andrea  and  Gregx>rio* 

44 

Maria  della  Vittoria 

t* 

XII.  Apostoli. 

<* 

Maria  del  Popolo. 

s. 

Balbina. 

s. 

Maria  in  Aracoeli. 

<  4 

Bartholomeo  air 

s. 

Maria  Transpon- 

Isola. 

tina* 

<  4 

Bernardo  alle  Terme 

i<t 

Maria  in  Traste- 

Diocleziane. 

vere. 

ss. 

Bonifacio  ed  Alessio. 

<  4 

Maria  in  Via. 

s. 

Calisto. 

i% 

Maria    sopra    Min- 

4 4 

Cecelia. 

erva. 

■4  4 

Clemente. 

44 

Maria   Nuova   et  S 

<  i 

Crisag-ono. 

Francesca. 

«  4 

Croce  in  Gerusa- 

SS. 

Nereo  ed  Achilleo. 

lemme. 

a 

Onofrio. 

<  4 

Eusebio. 

4  4 

Pancrazio. 

«_4 

Giovanni  a  Porta 

t< 

Pietro  in  Montorio 

Latina. 

44 

Pietro  in  Vincoli. 

ss. 

Giovanni  e  Paolo. 

4  4 

Prassede. 

s. 

Girolamo  deg-li    Schi- 

4  4 

Prisca. 

avoni. 

4  4 

Prudenziana. 

4  4 

Lorenzo  in  Panis- 

SS. 

Quottro  Coronati. 

perna. 

44 

Quirico    e  Giulitta. 

ss. 

Marcellino  et  Pietro. 

s. 

Sabina. 

18  THE    ROMAN   COURT. 


SS.   Silvestro  et  Martino 

ai  Monti. 
S.    Silvestro   in  Capite. 
"     Sisto. 
J'     Stefano    al      Monte 

Celio. 
' '     Susanna. 


S.    Tommaso  in  Par- 
ione. 
SSma.   Trinita  al  Monte 

Pincio. 
SS.  Vitale,     Gervasio    e 
•    Protasio. 


17.  The  origin  of  cardinal-deacons  is  more  obscure 
than  that  of  cardinal-priests.  Undoubtedly  there 
were  in  Rome  deacons  ordained  to  perform  work  sim- 
ilar to  that  of  the  seven  deacons  mentioned  in  the 
Acts  of  the  Apostles.  Pope  Clement  in  the  year  92 
according*  to  Liber  Pontificalis,  appointed  seven 
deacons  to  preside  over  the  seven  districts  or  regions 
into  which  he  divided  the  city  of  Rome  ;  and  to  their 
care  he  confided  the  diaconice,  that  is,  hospitals  or 
houses  where  widows,  orphans  and  the  poor  in  gen- 
eral were  received  and  supported  out  of  the  patri- 
mony of  the  Church.  About  the  year  24-0  Pope  St. 
Fabian  divided  the  city  into  fourteen  districts  and 
assigned  two  to  each  deacon.  But  as  the  number  of 
Christians  rapidly  increased  and  donations  to  the 
Church  were  larger  and  more  frequent,  the  seven 
deacons  found  it  impossible  to  properly  attend  to  the 
consequent  work,  and  the  number  of  deacons  was 
therefore  increased  to  fourteen.  These  were  incar- 
dinated  or  assigned  to  the  fourteen  diaconice  and 
later  were  known  as  cardinal-deacons  of  the  Holy 
Roman  Church. 

18.  To  these  fourteen  deacons  Gregory  III.  in  the 
year  731  added  four  others  who  were  assigned  to  the 
Basilica  of  St.  John  Lateran  and  were  to  assist  the 
Sovereign    Pontiff    when    celebrating.     Hence    they 


TITLE   OF   CARDINALS. 


19 


were  called  Palatine  cardinals.  In  the  year  1410 
there  were  nineteen  cardinal-deacons,  but  Sixtus  V. 
reduced  the  number  to  fourteen.  Following'  are  the 
diaconicr  at  the  present  time  : 


S.  Maria  in  Via  lata. 

*'  Eustachio. 

44  Maria  ad    Martyres. 

44  Maria  della  Scala. 

44  Adriano. 

44  Nicola    in  Carcere 

Tulliano. 

4 4  Agata. 

44  Maria  in  Domnica. 


S.    Cesario    in    Palatio. 

Maria  in  Cosmedin. 

Ang-elo  in   Piscaria. 

Georgio  in  Velabro. 

Maria  in  Portico. 

Maria  in  Aquiro. 
SS.  Cosma    e    Damiano. 
S.    Vito  in  Macello. 


To  these  is  added  the  title  of  St.  Lawrence  in 
Damaso,  intended  for  the  cardinal  vice-chancellor, 
whether  he  be  a  cardinal-priest  or  cardinal-deacon. 

19.  The  admission  of  cardinal-bishops  into  the 
College  of  Cardinals  seems  to  have  taken  place  not 
earlier  than  the  year  731.  Before  that  time  the 
bishops  of  the  dioceses  surrounding  Rome  may  have 
been  consulted  by  the  Supreme  Pontiff  in  affairs  re- 
garding the  universal  Church ;  but  they  were  not 
considered  part  of  the  presbytery  or  chapter  of  the 
Roman  Church,  nor  were  they  called  cardinals. 

20.  Gregory  III.,  however,  who  reigned  from  731 
to  741,  devoted  special  attention  to  the  splendor  of 
religious  worship.  He  enriched  St.  Peter's  with 
numerous  works  of  art,  and  to  his  own  cathedral,  the 
Basilica  of  St.  John  Lateran,  it  is  certain  he  g-ave 
much  care.  He  increased  the  number  of  cardinal- 
deacons  by  four  whom  he  assigned  to  St.  John  Lat- 
eran  and  on  whom  he  imposed  the  special  duty  of 
assisting-  the    Roman    Pontiff  when  celebrating-  the 


20  THE  ROMAN   COURT. 

divine  mysteries.  This  same  Pope  Gregory,  it  seems 
quite  probable,  appointed  seven  bishops  to  officiate 
by  turn  in  the  cathedral  of  St.  John  Lateran,  and 
thus  he  instituted  the  order  of  cardinal-bishops. 

21.  A  confirmation  of  this  supposition  may  be 
found  in  the  writings  of  the  librarian  Anastasius. 
Speaking  of  Pope  Stephen  IV.,  who  reigned  from 
768  to  772,  he  says:  "This  Pontiff  was  a  strict  ob- 
server of  church  tradition;  hence  he  renewed  the 
former  practice  of  the  Church  regarding  the  various 
honors  given  the  clergy.  He  ordained  that  every 
Sunday  Mass  should  be  said  at  the  altar  of  St.  Peter 
by  the  seven  hebdomadary  cardinal-bishops  who  serve 
in  the  church  of  the  Saviour."  Since,  therefore, 
these  seven  bishops  were  assigned  to  the  church 
of  the  Saviour  and  were  called  cardinals,  and  since 
Pope  Stephen  IV.  only  renewed  their  honors  and 
re-appointed  their  duties,  it  may  rightly  be  concluded 
that  these  honors  and  duties  originated  with  Greg- 
ory III.,  about  forty  years  before  the  reign  of  Pope 
Stephen. 

22.  In  the  Capitularies  of  Charlemagne,  bk.  5  ch. 
34,  we  find  mention  of  these  bishops  when  he  says: 
"By  the  advice  of  Leo  and  the  other  bishops  of  the 
Roman  Church;"  and  in  the  letter  which  the  Em- 
peror Otho  I.  sent  to  Pope  John  XII.  in  the  year  963 
we  find  these  words:  "While  we  ask  your  children, 
namely  the  Roman  bishops,  the  cardinal-priests  and 
deacons  and  the  whole  people  concerning  your  ab- 
sence. ' '  Undoubtedly  the  bishops  mentioned  in  these 
texts  are  the  ones  appointed  to  the  Lateran  Basilica. 
St.  Peter  Damien  when  he  was  created  cardinal  in  the 
year  1058,  addressed  them  in  these  words :    '  'The  ven- 


NUMBER    OF    CARDINALS.  21 

erable,  holy  cardinal-bishops  of  the  Lateran  church;" 
and  Baronius,  ad  annum  1057,  quoting*  from  an 
ancient  Vatican  codex  distinctly  explains  their  titles 
and  their  duties.  He  says:  "There  are  in  the 
Roman  church,  that  is  in  Rome,  &ve  patriarchal 
churches.  The  first  is  the  Lateran  church,  which  is 
also  called  the  church  of  Constantine  and  the  basilica 
of  the  Saviour.  This  has  seven  cardinal-bishops,  and 
they  are  called  collateral  and  also  hebdomadary 
bishops,  because  each  week  by  turn  they  fulfil  the 
duties  of  bishop.  The  cardinal-bishops  are  these: 
The  bishops  of  Ostia,  Porto,  Santa  Rufina  or  Silva 
Candida,  Albano,  Sabina,  Frascati,  Palestrina. " 

23.  The  suburbicary  churches  or  dioceses  to  which 
the  cardinaf-bishops  of  the  Holy  Roman  Church  are 
assigned,  according*  to  the  designation  of  Clement 
VIII.,  are  the  dioceses  of  Ostia,  to  which  Velletri 
had  been  annexed  by  Eug*ene  III.,  Porto,  to  which 
San,ta  Rufina  had  been  annexed  by  the  Callixtus  II. , 
Frascati,  Sabina,  Palestrina,  Albano,  making*  six  in 
all.  The  bishops  of  these  dioceses,  and  they  alone,  are 
cardinal-bishops  of  the  H©ly  Roman  Church. 
Bishops  of  other  dioceses  may  be  cardinal-priests  or 
cardinal-deacons  of  the  Holy  Roman  Church,  but 
the  appellation  of  cardinal-bishop  is  reserved  to  the 
incumbents  of  the  above  mentioned  suburbicary  sees. 

According*  to  the  present  discipline  of  the  Church, 
there  may  be  in  the  Sacred  Colleg*e,  six  cardinal- 
bishops,  fifty  cardinal-priests,  and  fourteen  car- 
dinal-deacons; but  the  full  number  is  hardly  ever 
reached. 


CHAPTER  III. 
The  antiquity  of  the  college  op  cardinals. 

24.  Whatever  meaning-  in  early*  times  may  have 
been  attached  to  the  word  cardinal,  it  is  certain  that 
for  many  years  past  and  at  the  present  time  by  the 
College  of  Cardinals  is  meant,  a  body  of  clerics 
whose  peculiar  office  is  to  assist  the  Roman  Pontiff 
in  ruling-  the  universal  Church,  and  in  case  of 
vacancy  in  the  Apostolic  See,  to  assume  the  g-uidance 
of  the  Church  in  necessary  affairs  until*  the  election 
of  a  new  Pope.  Though  the  cardinals  have  other 
prerogatives,  still  this  one  of  assisting  and  supplying 
the  place  of  the  Roman  Pontiff  in  ruling  the  whole 
Church  seems  the  principal  and  essential.  Tjiese 
duties  are  performed  by  the  cardinals  as  a  body,  not 
as  individuals,  so  that  the  collegiate  or  corporate 
form  seems  of  the  essence  of  the  cardinalate. 

25.  The  exclusive  right  which  the  cardinals  now 
possess  of  electing  the  Sovereign  Pontiff  is  not  es- 
sential to  the  cardinalate,  for  others  formerly  partic- 
ipated in  this  election.  Nor  is  it  distinctive  of  the 
College  of  Cardinals  that  it  participates  with  the 
Pope  in  ruling  the  diocese  of  Rome,  sede  plena,  and 
supplies  his  place  during  a  vacancy;  for  this  office  it 
holds  in  common  with  every  other  cathedral  chapter 
in  respect  to  its  own  bishop  and  diocese.  The  es- 
sence then  of  the  cardinalate,  is  that  which  has  been 
its  constant,  peculiar  and  distinctive  office  or  charac- 

22 


ANTIQUITY   OF    CARDINALS.  23 

teristic;  and  this  is  none  other  than  the  right  and 
duty  of  assisting-  the  Roman  Pontiff  in  ruling  the 
universal  Church  and  in  case  of  vacancy  in  the  Apos- 
tolic See  of  supplying  his  place  until  the  election  of 
a  new  Pope. 

26.  The  body  of  clerics  now  known  as  the  Colleg-e 
of  Cardinals  dates  its  origin  back  to  the  time  of  the 
establishment  of  the  Apostolic  See  in  Rome.  The 
name,  privileg-es,  and  even  the  various  accessory 
duties  of  the  cardinals,  it  is  true,  may  have  under- 
gone great  changes  m  the  course  of  ages,  but  the  es- 
sence of  the  cardinalate  is  surely  of  apostolic  if  not 
of  divine  institution.  This  is  expressly  taught  by 
Pope  Eugene  IV.  in  his  Nineteenth  Constitution 
when  he  says  of  the  cardinalate:  "Although  the 
name  of  this  dignity  was  not  expressed  from  the  be- 
g-inning  of  the  primitive  Church  as  it  now  is,  still  the 
office  itself  you  will  find  evidently  to  have  been  in- 
stituted by  Blessed  Peter  and  his  successors."  He 
goes  further,  and  following  his  predecessor  Innocent 
III.  teaches  that  the  cardinalate  is  prefigured  by  the 
seventy  ancients  of  Israel  who  were  to  assist  Moses 
in  judging  and  ruling  the  people  of  God.  "Indeed, 
as  Innocent  III.  says,  the  cardinalate  draws  its  ori- 
gin from  the  command  of  God  in  the  Old  Testament. 
For  he  (Innocent  III.)  asserts  that  what  is  said  in 
the  Seventeenth  chapter  of  Deuteronomy,  (viz.,  that 
for  a  doubtful  and  hard  matter  of  judg-ment  recourse 
should  be  had  to  the  priests  of  the  levitical  race  and 
to  the  judge  who  should  be  at  that  time,  and  obedi- 
ence should  be  given  to  the  judgment  of  those  who 
preside  in  the  place  which  the  E/ord  shall  choose)  is 
to  be  understood  of  the  Roman  Pontiff  and  his  breth- 


24  THE    ROMAN   COURT. 

ren,  that  is,  the  cardinals  of  the  Holy  Roman  Church, 
who  also  by  levitical  law  perform  the  sacerdotal 
office." 

27.  The  doctrine  that  the  cardinalate  is  of  divine 
institution  is  maintained  by  so  many  and  such^ prom- 
inent doctors  that  Cohellius  after  quoting-  their  words 
thus  sums  up  their  teaching1 :  "Therefore  from  the 
writers  cited  above  and  others  quoted  by  them  it 
seems  satisfactorily  proved  that  the  origin  of  the  car- 
dinalate can  be  said  to  be  of  divine  rig-ht  from  both 
the  Old  and  the  New  Testament."  The  celebrated 
Gerson,  of  the  Sarbonne,  said  to  the  oecumenical 
Council  of  Constance  in  1417:  "The  state  of  the 
supreme  and  sacred  College  of  our  Lords  the  Cardi- 
nals was  founded  in  the  ecclesiastical  hierarchy  on 
earth  immediately  by  Christ,  and  it  cannot  be  de- 
stroyed by  any  human  institution  or  presumption." 
Likewise  Peter  de  Aliaco  in  his  treatise  On  Ecclesi- 
astical Power  which  was  presented  to  the  Fathers  of 
the  same  council,  beautifully  and  succinctly  lays 
down  the  common  teaching-  of  that  ag*e  :  "Although 
the  names  of  the  papacy  and  the  cardinalate  were 
not  in  use  in  the  Church  in  the  time  of  Peter  and  the 
other  apostles,  still  the  ecclesiastical  powers  desig-- 
nated  by  these  names  shone  forth  at  that  time  in  the 
apostles,  viz.,  the  papal  dig-nity  in  Peter  and  the  au- 
thority of  the  cardinalate  in  the  other  apostles.  •  To 
understand  which  it  should  be  known  that,  (as  ap- 
pears from  the  history  of  the  Acts  of  the  Apostles, 
from  ecclesiastical  histories  and  from  the  decrees  of 
the  Holy  Fathers,)  before  the  division  of  the  apostles 
by  which  they  were  dispersed  into  different  parts  of 
the  world,  the  apostles  exercising-  the  ministry  of  the 


ANTIQUITY   OF    CARDINALS.  25 

cardinalate  assisted  Peter  who  bore  the  papal  office; 
just  as  now  the  cardinals  assist  the  Pope,  as  his 
principal  assessors  and  councilors  and  co-operators 
in  the  government  of  the  whole  Church.  But  after 
the  apostles,  having-  separated  from  Peter,  obtained 
special  dioceses,  from  that  time  they  exercised  the 
episcopal  office.  From  this  it  can  be  inferred 
that  the  apostles  were  cardinals  before  they  were 
bishops;  that  they  were  cardinals  of  the  world  be- 
fore they  were  of  the  city  of  Rome.  To  the  senate 
of  the  apostles  succeeds  the  sacred  College  of  Cardi- 
nals in  as  much  as  the  apostles  assisted  Peter  before 
they  became  bishops  of  particular  churches;  but  to 
the  state  of  the  apostles  in  as  much  as  they  were 
bishops,  the  order  of  bishops  succeeds." 

28.  This  doctrine  was  made  of  obligation  in  the 
year  1413  on  all  who  received  the  doctorate  or  licen- 
tiate in  the  University  of  Prague,  which  was  founded 
with  the  sanction  of  the  Holy  See.  For  in  the  form- 
ula of  faith  to-be  pronounced  by  the  candidate,  among 
other  things,  he  was  to  profess:  "That  he  thought 
and  believed  as  the  Roman  Church  wishes  us  to 
think  and  believe  and  not  otherwise;  of  which  Roman 
Church  the  Pope  is  the  head,  and  the  College  of 
Cardinals  the  body;  the  manifest  and  true  successors 
in  ecclesiastical  office  of  the  Blessed  Peter,  prince  of 
the  apostles,  and  of  the  college  of  the  other  apostles 
of  Christ. 

29.  This  doctrine,  however,  while  generally  re- 
ceived, is  nevertheless  not  of  faith,  for  the  words  of 
Innocent  III.  and  Eugene  IV.  are  not  considered  an 
explicit  definition  of  the  matter  by  the  Apostolic  See. 
Hence,    too,    the   question   whether    the    College  of 


26  THE   ROMAN   COURT. 

Cardinals  may  sometime  be  suppressed  by  the  supreme 
power  of  the  Church,  may  well  be  left  among- doubt- 
ful matters.  For  if  the  cardinalate  is  of  divine  insti- 
tution, as  Gersou  says,  then  no  power  of  the  Church 
can  suppress  it  or  change  its  essence;  but  if  it  is  only 
of  ecclesiastical  or  apostolic  origin,  then,  absolutely 
speaking,  it  may  be  modified  or  even  suppressed. 
The  matter  can  be  settled  only  by  a  definition  of  the 
Church  and  her  practice  is  not  to  make  definitions 
except  for  some  great  and  urgent  need.  As  long  as 
there  is  a  doubt,  things  will  be  left  as  they  are. 
Rightly  then  may  it  be  said  that  the  cardinalate  will 
last  as  long  as  will  the  Church,  which  is,  to  the  con- 
summation of  the  world. 


CHAPTER  IV. 

THE    DIGNITY    OF    THE    CARDINAL  ATE. 

30.  The  dignity  of  the  cardinalate  is,  after  that  of 
the  Pope,  the  highest  in  the  Church.  It  is  greater 
than  that  of  bishops,  archbishops,  primates  or  even 
patriarchs.  Whether  this  precedence  was  obtained 
by  cardinals  only  in  the  eleventh  or  twelfth  century 
or  whether  by  right  and  in  fact  they  always  held  it, 
is  a  controverted  question. 

31.  Cardinal  Belarmine  epitomizes  the  former 
opinion  when  in  his  work  i)^  Clericis  he  says:  "I 
confess  indeed  that  formerly  all  bishops  wrere  pre- 
ferred before  cardinals  who  were  not  bishops;  yes, 
even  the  cardinalate  was  a  step  to  the  episcopacy,  as 
Onuphrius  rightly  teaches  in  his  book  On  Cardinals 
and  as  is  clearly  gathered  from  the  seventh  chapter 
of  the  first  book  of  the  life  of  St.  Gregor}7.  After- 
wards, however,  the  order  was  changed,  and  cardi- 
nals began  to  be  preferred  to  bishops  and  the  episco- 
pacy to  be  a  step  towards  the  cardinalate.  For  this 
change  a  twofold  reason  may  be  given  :  One,  that 
to  the  cardinals  alone  the  election  of  the  Supreme 
Pontiff  was  reserved;  for  at  the  time  the  emperors 
or  the  clergy  and  people  chose  the  Pontiffs,  it  is  not 
strange  that  cardinals  were  not  highly  considered; 
but  when  afterwards  they  alone  began  to  choose  and 
also  for  the  most  part  to  be  chosen  for  the  papacy, 
not  without  cause  was  the  cardinalitial  dignity  more 


28  THE   ROMAN    COURT. 

highly  considered.  The  other  reason  is  because  the 
cardinals  began  to  be  the  sole  councilors  of  the 
Supreme  Pontiff;  for  before,  the  cardinals  were 
neither  the  only  nor  the  chief  councilors  of  the  Pon- 
tiff. In  the  first  six  or  seven  centuries  the  Supreme 
Pontiffs  convoked  national  councils  of  the  bishops  of 
Italy  to  judge  the  more  important  affairs  of  the 
Church;  and  at  these  councils  the  cardinal-priests 
were  indeed  present,  but  the  bishops  held  the  first 
place.  Wherefore  there  was  no  reason  why  at  that 
time  cardinal-priests  should  be  preferred  to  bishops, 
since  the  bishops  did  not  help  less,  but  in  fact  helped 
the  Pontiff  more  than  the  cardinals  in  the  govern- 
ment of  the  universal  Church.  Later,  however, 
when  the  business  of  the  Roman  Church  became 
greater,  particularly  with  the  accession  of  the  tem- 
poral power  under  Pepin  and  Charlemagne,  the  Sov- 
ereign Pontiff  needed  the  help  of  his  advisers  more 
frequently  than  before.  Still  he  could  not  convoke 
councils  of  the  bishops  as  often  as  was  necessary. 
Taught  then  by  utility  and  urged  by  necessity,  in  the 
next  six  or  seven  centuries  the  episcopal  councils  be- 
gan gradually  to  be  omitted  and  all  affairs  to  be  re- 
ferred to  the  senate  of  cardinals.  Such  a  legitimate 
change  of  the  pontifical  council  from  the  bishops  and 
cardinals  to  the  cardinals  alone,  being  brought  about, 
it  is  not  to  be  wondered  at  that  a  change  in  prece- 
dence also  took  place." 

32-  Baronius  maintains  the  same  doctrine  and  so 
does  Thomassin.  Natalis  Alexander  claims  that 
only  under  Innocent  IV.  in  the  year  1243  did  the  car- 
dinals obtain  the  right  of  precedence  in  session  over 
bishops.     Cohellius   and    Cardinal    Petra,   Ferraris 


DIGNITY    OF    CARDINALS.  29 

and  others,  all  of  whom  are  strenuous  advocates  of 
the  cardinalate,  give  their  adhesion  to  the  theor}^ 
that  the  precedence  of  the  cardinals  of  the  Holy 
Roman  Church  over  all  other  dignitaries  except  the 
Pope,  was  only  of  gradual  development.  They  allege 
among-  other  reasons  that  in  ancient  diplomas  of  the 
Roman  Pontiffs  and  of  synods,  bishops  who  were  not 
cardinals  are  found  to  have  signed  before  cardinal- 
priests  and  deacons,  and  from  this  fact  they  conclude 
that  the  episcopal  dignity  had  precedence  over  the 
cardinalitial.  But  to  this  Pagius  and  Tomagna  re- 
ply that  no  proof  can  be  deduced  from  the  order  of 
signing,  for  according  to  ancient  custom,  bishops, 
whether  cardinals  or  not,  signed  according  to  the  date 
of  their  consecration;  then  priests,  then  deacons. 

33.  Similar  are  the  other  reasons  advanced,  but 
none  seems  to  be  based  on  positive  historical  testi- 
mony and  much  less  on  any  dogmatic  teaching  of  the 
Apostolic  See.  On  the  other  hand,  to  prove  that 
the  cardinalitial  dignity  always  had  precedence  over 
the  episcopal,  the  constitution  which  Pope  Eugene 
IV.  prepared  on  this  very  subject  gives  strong  testi- 
mony. The  Archbishop  of  Canterbury  had  denied 
precedence  to  a  certain  cardinal  who  was  Bishop  of 
York  and  to  determine  the  matter  the  Pope  issued 
his  celebrated  constitution  Non  Mediocri,  in  which 
he  says:  "You  will  easily  see  how  sublime  is  this 
dignity  of  the  cardinalate  and  how  much  more  ex- 
cellent than  others  it  has  up  to  the  present  been  con- 
sidered in  the  Church,  if  }tou  diligently  examine  its 
office  and  the  statutes  of  the  Holy  Fathers  and  the 
custom  which  has  always  been  observed  both  in  this 
See  and  in  general  councils.     Prom  the  beginning  of 


30  THE    ROMAN   COURT. 

the  Church  just  as  to-day  they  have  assisted  the 
Supreme  Pontiffs  in  guiding  and  ruling  the  whole 
Church.  The  Supreme  Pontiffs  call  the  cardinals, 
because  of  the  greatness  of  their  honor  and  dignity, 
a  part  of  their  own  body.  From  which  without  any 
doubt  it  is  shown  that  after  the  head  of  the  Church, 
who  is  the  Pope,  the  contiguous  members  of  the 
body,  who  are  his  brethren  the  cardinals,  are  to  be 
honored  before  the  other  members  and  parts  of  the 
Church. 

k'Who  also  does  not  see  that  the  dignity  of  the  car- 
dinalate  is  greater  than  that  of  the  archiepiscopate, 
because  while  the  latter  looks  after  the  private  good 
of  one  country,  the  former  attends  to  the  public  good 
of  the  whole  Christian  people?  The  one  rules  only 
one  church;  the  other  with  the  Apostolic  See,  gov- 
erns all  churches.  And  while  cardinals  are  judged 
by  no  one  except  only  the  Pope,  they  on  the  other 
hand  with  the  Supreme  Pontiff  judge  both  patri- 
archs and  archbishops  and  the  other  grades  in  the 
Church.  Rightly  also  does  their  very  name  agree 
with  their  office;  for,  as  the  door  of  a  house  turns  on 
its  hinge,  so  on  the  cardinalate  does  the  Apostolic 
See,  the  door  of  the  whole  Church,  rest  and  find 
support.  You  should  be  convinced  also  by  the  long- 
continued  and  universally  observed  custom,  which, 
were'other  proofs  wanting,  would  have  to  be  held  for 
law,  because  it  is  so  ancient  that  no  memory  of  its 
beginning  exists  to  the  contrary;  especially  since 
this  occurred  while  not  one  Sovereign  Pontiff  only, 
but  as  many  as  the  Church  has  had,  knew  and 
approved  of  the  custom.  For  in  all  nations  and 
kingdoms   the  honor  of  this  pre-eminence  has  been 


DIGNITY   OF    CARDINALS.  31 

given  to  the  cardinals,  which  indeed  is  to  be  consid- 
ered not  so  much  given  to  themselves  as  to  Us,  whose 
members  they  are.  You  should  be  convinced  also  by 
the  custom  of  the  Roman  Church,  which  is  the  head, 
the  rule  and  the  teacher  of  other  churches,  accord- 
ing* to  which  the  cardinals  always  and  without  any 
objection  in  all  acts  have  been  honored  above  all 
other  prelates.  The  same  was  done  in  the  ancient 
general  councils,  especially  in  the  two  of  Lyons,  at 
one  of  which  Innocent  IV.  presided  and  at  the  other 
Gregory  X.,  the  acts  of  which  are  still  extant." 

They  who  maintain  that  the  cardinalitial  dignity 
was  always  greater  than  the  episcopal,  point  with 
special  emphasis  to  the  passage  wherein  the  Pope 
says  that  the  cardinals  as  a  matter  of  fact  always 
were  given  this  pre-eminence  and  always  were 
entitled  to  it  for  the  reasons  he  gives.  Likewise  they 
note  the  passage  wherein  the  Pope  says  that  the 
custom  of  giving  the  cardinals  this  pre-eminence  is 
so  ancient  that  no  memory  of  its  beginning  exists. 
They  conclude  that  in  view  of  this  positive  teaching 
of  Pope  Eugene  IV,.  it  will  require  proofs  much  more 
conclusive  than  any  yet  adduced,  before  we  are  forced 
to  admit  that  a  chang-e  was  brought  about  in  the 
eleventh  or  twelfth  century  and  that  only  then  was 
the  dignity  of  the  cardinalate  made  the  greatest  in 
the  Church  except  only  that  of  the  papac}\ 

Whichever  opinion  is  adopted  as  more  tenable,  no 
one  can  deny  that  at  the  present  time  the  cardinals 
of  the  Holy  Roman  Church  as  a  matter  of  fact  have 
the  right  of  precedence  over  bishops,  archbishops, 
primates  and  patriarchs.  They  are  inferior  only  to 
the  Pope. 


CHAPTER  V. 

THE  MUTUAL  RELATIONS  OF  THE  POPE  AND  THE 
SACRED  COLLEGE. 

35.  Because  of  the  antiquity  and  dignit}7  of  the 
Sacred  College,  and  because  it  is  for  the  Apostolic 
See  a  senate  similar  to  the  chapters  of  the  various 
dioceses  throughout  the  world,  false  notions  may 
possibly  be  deduced  concerning-  the  mutual  relations 
of  the  Supreme  Pontiff  and  the  College  of  Cardinals. 
That  these  false  notions  may  be  warded  off,  it  may 
be  allowed  with  all  deference  to  examine  whether 
the  consent  of  the  cardinals  is  of  necessity  required 
for  the  Pope  to  perform  certain  acts;  and  again 
whether  the  Pope  is  bound  to  ask  at  least  the  advice, 
or  consult  with  the  cardinals  in  undertaking  certain 
difficult  affairs. 

36.  No  one  will  contend  that  either  for  the  valid- 
it}r  or  the  licitness  of  his  action  in  affairs  of  lesser 
moment  the  Pope  needs  the  consent  of  the  cardinals. 
Neither  can  it  be  maintained  that  in  arduous  affairs 
their  consent  is  necessary  for  the  validity  of  his  acts. 
For  in  such  a  supposition,  the  Pope  would  not  have 
the  full  power  of  guiding  and  governing  the  univer- 
sal Church;  since  his  acts  would  be  null  and  void 
without  the  consent  of  the  cardinals.  Thus  also  we 
should  have  practically  not  one  but  two  heads  of  the 
Church;  both  of  which  conclusions  are  against  Cath- 
olic faith.     Further  it  is  of  Catholic  faith   that  the 

32 


PONTIFF    AND   CARDINALS.  33 

cardinals,  just  as  other  faithful,  are  sheep  and  sub- 
ject to  the  supreme  shepherd  of  the  Church;  when  he 
speaks  and  teaches,  they  like  others  are  bound  to 
hear  and  obey;  hence  the  absurdity  of  the  supposi- 
tion that  the  supreme  pastor  depends  on  the  consent 
of  the  cardinals  for  the  validity  of  his  acts. 

Again  if  such  consent  is  necessary  for  the  validity 
of  pontifical  acts,  it  must  be  because  of  some  law, 
natural,  divine  or  ecclesiastical ;  however,  no  such 
law  is  in  existence  and  therefore  the  Pope  has  full 
and  absolute  power  without  any  limitation  as  to  cer- 
tain difficult  matters  or  dependence  on  the  consent  of 
the  Sacred  College.  Who  in  fact  could  determine 
what  affairs  are  to  be  considered  so  difficult  as  to 
require  the  consent  of  the  cardinals  for  the  validity 
of  pontifical  acts?  The  Council  of  Florence  defined 
as  of  Catholic  faith  that  the  Pope  has  full  power  to 
feed,  guide  and  govern  the  universal  Church. 
Hence  it  is  not  only  a  gratuitous  supposition,  but 
also  a  doctrine  opposed  to  faith  to  say  that  the 
Supreme  Pontiff  needs  the  consent  of  the  cardinals 
for  the  validity  of  his  pontifical  acts. 

37.  Neither  does  he  need  such  consent  even  in 
arduous  affairs  for  the  lawfulness  of  his  acts. 
Some,  it  is  true,  would  maintain  that  as  often  as  the 
Pope  uses  the  fulness  of  his  power,  not  as  he  ought, 
but  against  the  good  of  the  Church,  his  act  would 
indeed  be  valid  because  of  his  supreme  power  which 
can  be  judged  by  no  one,  but  nevertheless  he  would 
grievously  sin,  and  would  be  held  to  an  account  for 
the  authority  which  he  abused.  Whence  they  con- 
clude that  in  certain  difficult  matters  the  consent  of 
the  cardinals  is  necessary  that  the  Pope  may  not  sin, 


34  THE   ROMAN   COURT. 

but  not  for  the  validity  of  his  acts.  But  who  does 
not  see  the  consequences  of  such  a  theory  ?  If  the 
Pope  has  received  from  Christ  the  full  and  unlimited 
power  of  feeding*,  guiding"  and  governing  the  uni- 
versal Church,  he  must  be  able  to  exercise  this  power 
to  its  full  extent  without  sin.  The  contrary  suppo- 
sition would  be  blasphemous.  However,  in  the  the- 
ory mentioned  above,  the  Pope  could  exercise  this 
power  fully  and  without  restraint  only  by  commit- 
ting sin  in  acting  without  the  consent  of  the  cardi- 
nals. Hence  the  theory  should  be  rejected  as 
unsound. 

38.  Apparent  difficulties  are  presented  by  various 
enactments  of  the  Sovereign  Pontiffs  which  seem  to 
require  the  consent  of  the  cardinals  for  the  validity 
of  certain  pontifical  acts.  One  of  these  regards  the 
alienation  of  church  property.  Pope  Symachus  in  a 
synod  held  in  the  year  499  decreed  that,  "It  is  not 
licit  for  the  Pope  to  alienate  the  land  of  the  church 
for  any  necessity;"  and  Gregory  IX.  in  the  year  1234 
more  specifically  determining  the  law  of  Symachus, 
decreed  that,  "any  and  every  alienation  of  the  patri- 
mony of  the  Apostolic  See  shall  be  null  and  void 
unless  it  is  done  with  the  advice  and  assent  of  our 
brethren,"  the  cardinals.  There  are  many  similar 
decrees;  but  nevertheless  it  must  be  said  that  the 
pontifical  authority  is  not  bound  by  them  in  any  way, 
nor  is  the  consent  of  the  cardinals  thereby  made  nec- 
essary for  the  validity  of  pontifical  acts.  The  reason 
for  this,  Cardinal  Petra  thus  explains:  "Against 
the  above  mentioned  enactments  of  Symachus  and 
Gregory  rises  the  living  and  convincing  reason,  that 
they  could  in  no  way  compel  or  comprehend  the  sue- 


PONTIFF    AND   CARDINALS.  35 

ceeding  Pontiffs;  since  the  Pope  is  above  canon  law, 
and  since  an  equal  has  no  authority  over  an  equal,  as 
was  expressly  stated  by  Innocent  III.,  De  Electione : 
'Because  he  could  not  create  any  prejudice  in  the 
matter  for  his  successors,  who  would  enjoy  an  equal 
power  after  him,  yes,  the  ver}r  same  power,  since  an 
equal  has  no  authority  over  an  equal.' '  All  canon- 
ists admit  the  same;  hence  the  adage  'The  Pope  is 
above  canon  law.' 

39.  These  decrees,  then,  can  at  most  be  considered 
advice,  or  counsel  founded  on  experience,  which  a 
Pope  gives  other  Popes  who  succeed  him.  No  Pope 
can  bind  his  successor;  for  by  divine  right  each  Sov- 
ereign Pontiff  has  the  plenitude  of  power  which  can- 
not be  restricted,  and  against  which  no  custom  to  the 
contrary  can  prescribe.  Whatever  power  the  cardi- 
nals have  is  from  man,  not  from  divine  right,  even 
though  we  admit  the  divine  institution  of  the  cardin- 
alate.  "The  power  of  the  cardinals,"  says  Fagnan, 
"flows  from  the  Pope  alone."  And  again:  "But 
the  power  of  the  lord  cardinals  is  from  man,  for 
whatever  they  have  of  power,  they  receive  from  the 
Pope." 

Herein,  then,  we  see  the  difference  between  the 
cathedral  chapter  and  the  College  of  Cardinals. 
The  bishop  of  a  diocese  in  certain  things  requires 
not  only  the  advice  but  the  consent  of  his  cathedral 
chapter  for  the  validity  of  his  acts.  The  power  of 
the  bishop  is  limited  in  this  respect  b}7  canon  law, 
for  he  is  not  above  the  law,  but  subject  to  it.  Both 
the  bishop  and  his  chapter  must  follow  the  law,  for 
on  it  both  depend.  The  bishop  does  not  give  nor  can 
he  take  away  from  his  chapter  its  power  of  restrict- 


36  THE   ROMAN   COURT. 

ing"  his  acts  in  certain  affairs.  But  not  so  the  Pope, 
for  he  both  gives  and  can  take  away  power  from  the 
College  of  Cardinals,  because  he  has  full  power  and 
has  it  alone. 

40.  Hence  too,  notwithstanding-  the  bull  of 
Sixtus  V.  limiting-  the  number  of  cardinals  to  sev- 
enty, the  Pope,  if  he  so  desires,  may  exceed  this 
number;  and  such  is  the  common  teaching"  according" 
to  Cohellius :  "It  is  asked  whether  the  Supreme 
Pontiff,  notwithstanding"  this  constitution  of  Sixtus 
V.,  can  exceed  the  number  of  seventy;  and  all  with- 
out an  exception  reply  affirmatively,  saying"  that  the 
number  of  cardinals  is  left  to  the  free  will  of  the 
Pope."  In  the  same  way  it  must  be  concluded  that 
the  Sovereign  Pontiff  can  depose  any  cardinal  from 
the  cardinalate,  and  that  too  without  the  consent  or 
even  the  advice  of  the  other  cardinals.  Likewise  of 
his  own  free  will  he  can  elevate  anyone  to  the  cardi- 
nalate, nor  does  he  need  the  advice  or  consent  of  the 
other  cardinals  for  that  purpose.  It  is  true,  that  in 
the  consistory  creating*  the  new  cardinal  the  Pope 
asks  the  cardinals,  "What  do  you  think  ?"  but  this 
is  merely  a  ceremonial  form.  In  fact  any  inquiries 
concerning"  the  proposed  cardinal  are  always  made 
before  the  consistory  is  held,  and  usually  in  private. 
Thus  as  Cardinal  Petra  says  on  the  constitution  of 
Pope  Eugene  IV.  :  "It  should  be  remarked  that  the 
consent  of  the  cardinals  in  this  as  in  other  matters 
is  asked  from  a  certain  indulgence  of  the  Supreme 
Pontiff  rather  than  from  necessity;  since  by  many 
reasons  it  is  shown  that  the  Supreme  Pontiff  can 
decorate  with  the  sacred  purple  of  his  own  power 
without  having*  asked  any  suffrage." 


PONTIFF    AND   CARDINALS.  37 

41.  Many  canonists  however,  and  chiefly  Cardinal 
Palaeotus  in  his  work,  De  Sacro  Consistorio,  have 
adopted  a  distinction,  and  teach  that  the  Pope 
depends  on  the  advice  and  consent  of  the  cardinals  if 
he  proceeds  with  his  ordinary  power,  but  not  so  if  he 
acts  with  the  plenitude  of  pontifical  jurisdiction. 
Thus  they  believe  they  will  not  offend  on  the  one 
hand  ag-ainst  the  supreme  power  of  the  Vicar  of 
Christ,  nor  on  the  other  will  they  detract  from  the 
dignity  of  the  cardinals,  as  they  fear  they  mig-ht, 
should  they  say  that  their  consent  or  advice  is  never 
necessary.  But  it  must  be  confessed  that  the  Pope 
is  the  judgfe  of  whether  he  shall  proceed  with  his 
ordinary  or  so-called  extraordinary  power,  and  also 
whether  the  exigencies  are  such  as  to  warrant  him, 
according-  to  these  canonists,  in  proceeding-  with  his 
extraordinary  authority.  Thus  the  theory  practi- 
cally and  finally  resolves  itself  into  this  :  The  Pope 
is  obliged  to  proceed  with  the  consent  of  the  cardi- 
nals whenever  he  wishes  to  proceed  with  it,  or  in 
other  words,  the  Pope  is  never  oblig-ed  to  obtain  the 
consent  of  the  cardinals. 

42.  In  so  delicate  a  question  it  ma}r  be  well  to 
quote  the  very  words  of  Cardinal  Palaeotus  when 
he  explains  the  difference  between  the  ordinary  and 
the  extraordinary  authority  of  the  Supreme  Pontiff. 
He  sa}^s  :  "While  the  Pope  has  supreme  and  full 
authority  in  the  Church,  nevertheless  when  he  wishes 
to  reduce  it  to  exterior  acts  and  to  certain  use,  he 
does  this  in  a  twofold  way,  viz.,  using-  the  faculty 
which  is  called  ordinary  or  using-  the  faculty^  which 
is  called  extraordinary.  Whence  his  power  is  said 
by  doctors  to  be  twofold,  the  one  absolute,  the  other 


38  THE   ROMAN   COURT. 

ordinary,  which  however  refers  to  the  use  of  the 
power  rather  than  to  the  proper  and  natural  force  of 
it,  since  Intrinsically  it  is  always  full,  -plenissiina. 
Just  as  God  could  make  laws  for  the  things  of  nature 
according  to  which  they  are  to  act,  but  the  same  God 
nevertheless  of  his  own  power  can  act  beyond  the 
laws  of  nature,  which  act  is  then  called  a  miracle; 
so  in  the  Church  it  pertains  to  the  Supreme  Pontiff 
to  make  moral  laws  and  prescribe  the  law  for  all 
ecclesiastical  persons  and  the  whole  Church,  but 
nevertheless  he  himself  is  not  always  obliged  to  keep 
these  laws,  but  may  act  beyond  them.  When  there- 
fore the  Pope  wishes  to  observe  those  things  con- 
tained in  the  laws,  then  he  is  said  to  use  his  ordinary 
power;  but  when  he  wishes  to  do  something  above 
what  is  laid  down  in  the  laws,  then  he  is  said  to 
exercise  the  plenitude  of  his  power." 

43.  As  to  whether  it  is  lawful  for  the  Pope  to  use 
his  absolute  or  extraordinary  power  according  to  his 
judgment  and  as  often  as  he  wishes,  the  same  cardi- 
nal says:  "There  are  others,  who,  on  the  one  hand 
seeing  that  this  plenitude  of  power  is  necessary  in 
the  Church  of  God,  on  account  of  the  many  accidental 
occurrences  for  which  the  general  provisions  of  law 
cannot  suffice;  and  on  the  other,  foreseeing  the  great 
dangers  which  could  threaten  the  Christian  world, 
if  at  any  time  the  Supreme  Pontiffs  should  abuse 
this  power,  have  said  that  recourse  is  to  be  had  to 
this  plenitude  of  power,  like  to  a  sacred  anchor,  only 
in  extreme  cases,  since  even  the  canons  rarely  men- 
tion such  a  power.  Whence,  as  the  omnipotent 
God  himself,   to  whose  power  everything  is  rightly 


PONTIFF   AND   CARDINALS.  39 

subject,  nevertheless  almost  always  keeps  to  the^ 
common  order  and  nature  of  thing's,  and  does  not  per- 
form miracles  except  in  very  necessary  circumstan- 
ces; so,  they  say,  oug-ht  the  Pope  to  use  this  pleni- 
tude of  power  as  an  extraordinary  remedy  only  for 
the  hig-hest  g-ood  and  necessity  of  the  Church. ' '  The 
cardinal  then  maintains  that  the  Pope  in  using*  his 
ordinary  power  is  oblig-ed  in  arduous  matters  to  have 
the  consent  or  advice  of  the  cardinals.  "For,"  he 
says,  "the  use  of  the  ordinary  powrer  in  the  Pope  is 
considered  nothing-  else  than  to  do  what  the  canons, 
decrees  and  constitutions  have  declared.  Since, 
therefore,  by  old  establishment  and  common  observ- 
ance, the  memory  of  whose  beginning-  does  not  exist, 
it  is  received  that  the  Pope  administers  the  affairs  of 
the  Church  with  the  advice  of  the  cardinals,  and  the 
same  has  been  approved  by  canon  law  and  the  per- 
petual practice  of  the  Supreme  Pontiffs,  as  the  mon- 
uments of  authors  attest;  therefore,  in  order  that  he 
"may  be  said  to  act  according-  to  his  ordinary  power, 
it  is  necessary  that  he  perform  his  actions  according- 
to  constituted  laws  and  usual  custom,  and  that  by 
the  usual  course  of  the  laws  he  proceed  tog-ether  with 
the  cardinals." 

All  this,  however,  seems  only  to  say  that  when  the 
Pope  follows  a  certain  method,  then  he  is  said  to  use 
what  is  called  his  ordinary  power;  but  it  seems  no 
proof  that  he  is  bound  to  follow  a  certain  method. 
The  fact  that  he  does  something*  does  not  prove  that 
he  is  bound  to  do  it.  In  view  then  of  the  plenitude 
of  pontificalpower,  it  may  safely  be  stated  that  never 
and  in  no  case  does  the  Pope  require  the  consent  of 


40  THE   ROMAN   COURT. 

the  cardinals  for  the  validity  or  even  the  lawfulness 
of  his  pontifical  acts. 

44.  But  another  equally  delicate  question  arises  as 
to  whether  the  Pope  is  bound  to  ask  the  advice  of 
the  cardinals.  That  seems  to  be  the  common  opin- 
ion which  frees  the  Pope  from  any  such  necessity; 
but  adds  nevertheless,  that  it  is  proper  and  honor- 
able that  the  Pope  should  not  act  without  consulting' 
the  cardinals  in  difficult  matters. 

Some  doctors,  however,  maintain  an  opinion  con- 
trary to  the  common  teaching-  even  to  the  extent  of 
declaring  that  the  acts  of  the  Pope  are  null  if  the 
advice  of  the  cardinals  is  not  asked.  But  as  Cardi- 
nal Palaeotus  says:  "Let  no  such  false  opinion 
enter  our  mind,  for  it  would  weaken  the  supreme 
power  of  the  Pope,  would  debilitate  his  primacy, 
would  subject  his  most  eminent  authority  to  human 
laws,  and  finally  would  confuse  the  divine  authorit}7 
with  merely  secular  power." 

45.  But  the  kernel  of  the  difficulty  seems  to  be,* 
whether  for  the  lawfulness  of  his  acts  in  arduous 
matters  the  Pope  is  oblig-ed  to  ask  the  advice  of  the 
cardinals;  or  in  other  words%  whether  he  would  sin 
if  he  did  not  ask  their  advice.  All  admit  that  if 
asking-  the  advice  of  the  cardinals  might  be  hurtful 
to  the  Church,  because  of  the  delay  thus  experienced 
in  an  urgent  matter,  or  because  some  important  bus- 
iness might  thus  be  divulg-ed,  the  Pope  would  not  do 
wrong-  to  omit  requesting  such  advice.  *  But,  it  may 
be  asked,  do  they  not  admit  thereby  that  the  Pope 
is  the  sole  judg-e  whether  or  not  he  should  seek 
advice  ?  How  then  do  they  who  admit  the  above, 
and  Cardinal  Palaeotus  especially,  maintain  that  the 


PONTIFF    AND   CARDINALS.  41 

Pope  in  order  to  act  lawfully,  or  without  sin,  should 
in  difficult  matters  ask  counsel  of  the  cardinals? 
The  texts  of  scripture,  "Son  do  nothing-  without 
advice,"  "There  shall  be  safety  where  there  is  much 
counsel,"  and  others  are  adduced  by  them  to  show 
that  by  divine  law  all,  even  the  Pope,  should  seek 
counsel.  They  add  that  the  cardinals  are  of  the 
number  of  advisers  whom  the  Pope  is  bound  to  use; 
and  that  this  is  true  even  though  it  is  not  admitted 
that  the  cardinalate  is  of  divine  institution. 

There  is  great  propriety  in  this  assertion,  but  it 
must  be  confessed  that  the  argument  itself  does  not 
seem  so  conclusive  as  to  force  us  to  say  that  it  is 
unlawful  for  the  Supreme  Pontiff  to  act  without  con- 
sulting* the  cardinals;  since  he  himself  may  under- 
stand thorougfhly  certain  difficult  matters,  and  since 
if  he  wishes,  he  may  consult  with  others  than  the 
cardinals;  thus  sufficiently  fulfiling*  the  scriptural 
injunction  of  seeking-  counsel. 

Whatever  view  we  may  take  of  the  necessity  of 
the  Supreme  Pontiff  seeking-  advice,  as  a  matter  of 
fact  it  is  well  known  that  the  Roman  Court  is  most 
tenacious  of  traditional  customs  and  that  very  few 
matters  of  importance  are  treated  without  at  least 
some  of  the  cardinals  being*  consulted.  And  judging- 
from  their  character,  their  learning*  and  their  exper- 
ence  in  ecclesiastical  affairs,  it  may  well  be  doubted 
if  better  councilors  can  be  found. 


CHAPTER  VI. 

THE    CREATION    OF    CARDINALS. 

46.  For  the  creation  of  a  cardinal  all  that  is  re- 
quired is  the  will  of  the  Sovereign  Pontiff  sufficiently 
expressed.  Neither  a  certain  form  nor  any  special 
ceremony  is  essential,  because  the  whole  substance 
of  the  cardinalate  consists  in  the  power  of  jurisdic- 
tion, and  its  consequent  prerogatives,  which  depends 
simply  on  the  will  of  the  superior.  The  cardinalate 
is  not,  like  the  priesthood,  a  sacrament  imprinting  a 
character  and  requiring  sacramental  matter  and  form 
divinely  instituted;  and  hence  the  unanimous  teach- 
ing is  that  the  form  of  promoting  a  cardinal  depends 
entirely  on  the  will  and  word  of  the  Supreme  Pontiff. 

47.  It  is  true  that  Pope  Eugene  IV.  in  his  Con- 
stitution, In  Eminent i,  decreed  and  declared,  "That 
the  cardinals  announced  in  secret  consistory,  although 
they  are  to  be  considered  as  possessed  of  the  begin- 
ning of  the  cardinalate,  can  nevertheless  claim  no  right 
in  fact  or  in  name,  and  are  not  to  be  considered  car- 
dinals until  the  insignia  of  the  cardinalate  have  been 
given  them,  that  is,  until  the  giving-  or  sending  the 
red  hat,  the  assigning  a  title  and  the  placing  of  the 
ring  on  their  finger  have  all  been  done;  and  that  the 
cardinals  thus  announced,  even  after  they  have 
received  the  insignia,  shall  not  have  an  active  voice 
in  the  selection  of  the  Supreme  Pontiff,  until  that 
faculty  i.s  expressly  given  them  by  the  Roman  Pon- 


CREATION   OF    CARDINALS.  43 

tiff,  or,  to  use  the  ordinary  phrase,  until  their  mouth 
has  been  opened." 

But  this  constitution  of  Pope  Eugene  could  not 
bind  the  succeeding  Pontiffs  and  as  a  matter  of  fact 
his  immediate  successors  by  merely  promoting  in 
consistory  conferred  all  cardinalitial  rights  even 
before  the  insignia  were  given  the  new  cardinals,  or 
their  mouth  was  opened.  At  .first  this  was  done 
with  special  mention  of  derogating  from  the  consti- 
tution of  Pope  Eugene  IV.,  but  later  no  mention  of  it 
was  made  at  all,  and  a  doubt  arising  as  to  the  rights 
of  cardinals  thus  promoted,  Pope  St.  Pius  V.  on 
January  26,  1571,  decreed  as  follows:  "Since  it  has 
been  doubted  whether  the  cardinals  whose  mouth  has 
not  yet  been  opened,  would,  if  the  See  became 
vacant,  have  a  vote  in  the  election  of  the  Supreme 
Pontiff;  His  Holiness  decrees  that,  since  the  chief  fac- 
ulty of  the  cardinals  consists  in  electing-  the  Roman 
Pontiff,  which  surely  should  not  be  taken  away  from 
them  because  of  a  defect  of  insignia  or  ceremonies, 
for  that  reason  His  Holiness  decrees  that  after  any- 
one has  been  created  a  cardinal  of  the  Holy  Roman 
Church  and  has  accepted  the  honor  and  given  his 
consent,  he  shall  immediately  have  a  voice  and  right 
in  electing  the  Roman  Pontiff,  even  though  the 
insignia  of  the  cardinalate  have  not  yet  been  given 
him,  nor  his  mouth  been  closed,  or  if  closed,  opened 
again." 

48.  Since  the  publication  of  this  decree  of  St. 
Pius  V.  it  is  certain  that  cardinals  obtain  all  cardi- 
nalitial rights  the  moment  they  are  appointed  in 
secret  consistory,  unless  the  Sovereign  Pontiff  makes 
special    mention    of'  the   contrary    intention.     Thus 


44  THE    ROMAN   COURT. 

after  the  death  of  Clement  VIII.  and  in  the  election 
of  Innocent  X.  the  decree  of  St.  Pius  V.  was  put 
into  execution.  Hence  as  Cardinal  Luca  says  in 
Relatione  Romance  Curice  :  "The  opening-  of  the 
mouth,  the  oath  and  the  conferring-  of  the  insig-nia 
are  ceremonies  or  solemnities  which  do  not  affect  the 
substance  or  perfection  of  the  act;  since  by  nomina- 
tion alone  they  are  true  and  perfect  cardinals;  and 
therefore,  whatever  doubt  there  may  have  been  for- 
merly, they  have  a  vote  in  the  conclave  in  the  elec- 
tion of  the  Pope,  and  also  all  the  other  cardinalitial 
jurisdiction  and  pre-eminence,  as  modern  practice 
teaches." 

49.  That  the  cardinals  mig-ht  have  a  strong-er 
voice  in  the  creation  of  new  cardinals,  certain 
agreements  were  made  and  sworn  to  in  the  conclave 
before  the  election  of  a  new  Pope,  by  which  all 
bound  themselves,  that,  if  chosen  Pope,  they  would 
not  select  any  new  cardinals  without  the  consent  of 
the  Sacred  Colleg-e  or  at  least  of  a  majority  of  its  mem- 
bers. This  happened  before  the  election  of  Eug-ene 
IV.,  of  Pius  II.,  of  Sixtus  IV.  and  of  other  Popes. 
But  it  must  be  remarked  that  such  an  oath  is  null 
and  void,  because  it  attempts  to  limit  the  divinely 
constituted  supremacy  of  the  Sovereig-n  Pontiff. 
Hence  too  the  practice  has  become  extinct. 

50.  At  times  the  Sovereig-n  Pontiff  creates  some 
cardinal  in  consistory,  but  does  not  mention  his  name, 
and,  as  they  say,  keeps  that  name  in  his  breast,  in 
fetto,  intending*  to  publish  it  in  another  consistory. 
This  practice  the  Roman  Pontiffs  usually  follow, 
when  someone  deserves  the  dig-nity  of  the  cardina- 
late,  but  reasons  of  prudence  and  especially  the  office 


CARDINALS   IN    PETTO.  45 

which  the  person  holds  suggest  that  the  publication 
should  be  deferred.  Thus,  if  an  apostolic  nuncio 
residing-  at  some  court,  has  merited  promotion  to  the 
cardinalate,  but  in  the  meantime  it  is  very  expedient 
that,  as  a  prelate  only,  he  should  continue  discharging 
the  duties  of  his  office,  he  may  be  created  a  cardinal 
in  -petto.  The  effect  of  such  creation  is  that  when 
the  publication  is  made  at  a  later  consistory  it  has  a 
retro-active  effect,  and  g-oes  back  to  the  day  of  crea- 
tion in  -petto,  thus  g-iving-  the  person  a  seat  and  a 
place  before  those  who  were  afterwards  created  and 
published.  But  the  publication  of  the  name  of  the 
new  cardinal  in  consistor}-  is  absolutely  necessary 
in  order  that  he  may  obtain  the  rigfhts  and  privileg-es 
of  the  dig-nity.  Hence,  althoug-h  the  promotion  may 
be  made  known  to  the  person,  nevertheless  if  the 
Pontiff  dies  without  publishing  his  name  in  con- 
sistory, such  a  person  will  not  be  admitted  into  the 
conclave,  and  the  new  Pontiff  is  not  oblig*ed  to  ratify 
the  creation  and  publish  the  name  in  consistory. 

51.  An  act  of  Pope  Pius  IX.  in  creating-  cardinals 
seems  to  merit  special  attention.  In  a  consistory 
held  on  March  13,  1875,  among  others  he  created 
five  cardinals  whose  names  he  reserved  in  petto. 
But  concerning-  these  five  cardinals  he  decreed : 
"Besides  these  six  aforementioned  cardinals,  to  the 
g-lory  of  the  omnipotent  God  We  intend  to  create  five 
other  cardinals,  whom  nevertheless  because  of  good 
reasons  We  keep  in  petto,  at  some  time  according-  to 
our  judg-ment  intending  to  publish  them;  and  if,  God 
so  disposing-,  the  Holy  See  should  be  widowed  before 
they  are  published,  they  are  made  known  by  letters 
attached  to  our  last  will,  and  in  the  plenitude  of  our 


46  THE   ROMAN   COURT. 

apostolic  power  We  wish,  determine  and  decree  that 
they  shall  have  a  rig-ht,  both  active  and  passive  in 
the  election  of  our  successor." 

In  this  case,  as  is  evident,  Pius  IX.  plainly  receded 
from  the  customary  and  solemn  form  of  publishing- 
cardinals  and  ordered  that  the  publication  should  be 
made  by  his  last  will.  No  one  will  deny  that  the. 
Supreme  Pontiff  can  recede  from  the  solemn  form  of 
publishing-  cardinals  and  choose  either  the  way  of  a 
testament  or  another  less  solemn  form  of  making- 
known  his  intention  of  creating-  certain  cardinals. 
But,  as  Santi  says,  there  may  be  a  question  of  the 
advisability  of  receding-  from  the  ordinary  and  pub- 
lic form  of  creating-  and  publishing"  cardinals,  and 
especially  of  making-  them  known  througfh  a  docu- 
ment attached  to  a  last  will.  For  the  creation  of 
cardinals  is  an  affair  of  great  moment,  since  the 
questions  which  can  arise  concerning-  it,  may  affect 
the  very  election  of  the  Supreme  Pontiff.  Facts, 
too,  are  not  wanting-  to  show  the  practical  working 
of  a  departure  from  the  ordinary  form.  Pope 
Paul  II.  created  four  cardinals  who  were  to  become 
known  immediately  after  his  death,  and  he  supplied 
every  defect  from  certain  knowledg-e  and  the  pleni- 
tude of  his  power.  These  clauses,  as  is  known,  have 
a  full  and  wide  interpretation  and  therefore  derogfate 
from  all  laws  to  the  contrary  which  would  require 
special  mention.  Nevertheless  these  four  ecclesias- 
tics, who  produced  the  documents  of  their  promotion, 
were  not  admitted  into  the  conclave,  nor  were  they 
considered  cardinals  until  several  years  later  when  in 
different  consistories  they  were  promoted  and  pub- 
lished. 


CARDINALS   IN   PETTO.  47 

Likewise  Pope  Paul  III.  created  a  cardinal  who 
after  the  death  of  the  Pontiff  showed  his  brief  of 
promotion.  But  the  cardinals  did  not  only  not 
receive  him  as  a  brother,  but  indignantly  tore  up  the 
brief  itself.  "And  thereafter,"  says  Corradus,  "up 
to  the  present  time,  this  methed  of  creating-  cardinals 
went  out  of  use;  and  indeed  it  could  bring-  great  dan- 
ger and  extreme  scandal  into  the  Church  of  God." 

And  truly  questions  migmt  arise  in  this  matter 
which  would  be  difficult  to  answer.  If  for  instance, 
the  authenticity  or  integrity  of  the  document  naming- 
cardinals  should  be  called  in  question,  who  would 
be  a  competent  judg-e  ?  Especially  in  the  present 
condition  of  Rome,  with  the  Holy  See  deprived  of 
civil  dominion,  who  would  be  a  competent  judg-e  of 
the  validity  of  the  Pope's  last  will?  Doubts  thus 
mig-ht  arise  against  the  election  of  a  new  Pontiff 
because  of  the  participation  of  these  cardinals  named 
in  an  extraordinary  way.  Pius  IX.  himself  seems  to 
have  appreciated  these  difficulties,  for  while  on  March 
13,  1875,  by  an  implicit  naming  he  had  completed  the 
promotion  of  these  cardinals,  nevertheless  on  Septem- 
ber 17,  of  the  same  year,  he  called  another  consistory 
and  therein  published  the  names  of  the  five  cardinals 
whom  he  had  reserved  in  petto. 

52.  The  form  and  ceremonies  for  creating-  a  car- 
dinal in  the  usual  manner  may  be  thus  summarized: 
The  Roman  Pontiff  calls  a  secret  consistory,  and  the 
other  business  having-  been  transacted,  he  addresses 
the  cardinals  who  are  present  in  these  or  similar 
wrords:  "You  have  brethren."  Then  he  mentions 
the  names  of  those  whom  he  has  determined  to  pro- 
mote  to   the  cardinalate  and  asks:      "What  do  you 


48  THE    ROMAN    COURT. 

think?"  As  a  sign  of  assent  the  cardinals  uncover 
and  reverently  incline  their  heads.  Then  the  decree 
concerning-  the  promotion  of  the  new  cardinals  is 
drawn  up  and  at  once  published  out  of  consistory. 

If  the  newly-appointed  cardinals  are  in  Rome  they 
proceed  in  their  usual  dress  and  without  any  attend- 
ants, to  the  apostolic  palace,  where  one  of  the  old 
cardinals  presents  them  to  the  Holy  Father  who 
g'ives  them  the  red  cap  or  biretum.  And  from  that 
time  to  the  public  consistory  in  which  they  receive 
the  insignia,  they  are  not  allowed  to  make  or  receive 
any  public  visits,  neither  may  other  cardinals  call  on 
them  without  the  previous  permission  of  the  Holy 
Father. 

If  a  newly-appointed  cardinal  is  absent  from 
Rome,  one  of  the  attendants  of  the  Sovereign  Pontiff 
is  at  once  dispatched  to  carry  him  the  red  biretum, 
in  receiving  which  the  new  cardinal  must  promise  on 
oath,  under  pain  of  deprivation  of  the  cardinalate, 
that  within  a  year  he  will  proceed  to  Rome  to  visit 
the  Holy  Father.  It  is  customary  for  a  cardinal 
who  receives  the  biretum  in  this  way,  to  give  the  one 
who  brings  it  certain  favors  or  offerings  to  be  divided 
among  the  private  chamberlains  of  the  Pope. 

53.  A  public  consistory  is  then  called  for  the  pur- 
pose of  giving  the  insignia  to  the  new  cardinals. 
All  the  cardinals  being  assembled  in  the  apostolic 
palace,  the  Sovereign  Pontiff  wearing  his  precious 
mitre,  orders  the  new  cardinals  to  come  forward. 
They,  bowing  profoundly,  are  placed  with  uncovered 
head  in  the  sight  of  the  Pontiff  below  the  last  cardi- 
nal-priest. The  Pontiff  then  makes  a  short  address 
on  the  office  and  greatness  of  the  cardinalate.     Then 


INSIGNIA   OF.  CARDINALS.  49 

the  new  cardinals  approach  and  kneeling-  kiss  the 
feet  and  then  the  hand  and  lastly  the  mouth  of  the 
Sovereign  Pontiff.  After  this  they  go  to  receive 
from  the  other  cardinals  the  kiss  of  peace.  This 
being-  done  the  Pontiff  confers  the  red  hat  on  them 
and  says:  "For  the  praise  of  Almighty  God  and 
the  ornament  of  the  Holy  See  receive  the  red  hat,  an 
emblem  of  the  sing-ular  dig-nity  of  the  cardinalate,  by 
which  is  sig-nified  that  even  to  death  and  the  shed- 
ding of  blood  inclusively  for  the  exaltation  of  our 
holy  faith,  for  the  peace  and  quiet  of  Christian  peo- 
ple, for  the  increase  and  preservation  of  the  Holy 
Roman  Church,  you  are  to  show  yourself  intrepid; 
in  the  name  of  the  Father  and  of  the  Son  and  of  the 
Holy  Ghost.     Amen." 

In  another  consistory  the  Supreme  Pontiff  closes 
the  mouths  of  the  new  cardinals,  prohibiting  them 
from  speaking-  in  consistories  and  other  meeting-s  until 
their  mouths  are  opened  again.  Then,  again  in 
another  consistory,  the  Roman  Pontiff  orders  the  new 
cardinals  to  retire  while  he  asks  the  older  cardinals 
whether  they  think  the  new  cardinals  should  have 
their  mouths  opened.  And  all  assenting,  the  new  car- 
dinals are  called  back  and  kindly  admonished  by  the 
Holy  Father,  who  then  opens  their  mouths  with 
these  words  :  "We  open  your  mouth  both  in  confer- 
ences and  in  councils  and  in  the  election  of  the  Sov- 
ereign Pontiff,  and  in  all  acts  which  both  in  and 
out  of  the  consistory  pertain  to  cardinals.  In 
the  name  of  the  Father  and  of  the  Son  and  of  the 
Holy  Ghost.  Amen."  Then  finally  the  ring-  is 
given  and  the  title  assigned  to  each  new  cardinal. 

54.   Besides  the  red  hat  and  biretum  the  cardinals 


50  THE    ROMAN   COURT. 

wear  a  solideo  or  calotte  of  the  same  color.  This 
privilege  was  granted  them  by  Pope  Paul  II.  who 
also  prohibited  all  others  from  using-  one  of  red  color. 
Cardinals  wear  purple.  This  was  the  distinctive 
dress  of  the  emperors;  but  after  the  time  of  Boni- 
face VIII.  all  cardinals  were  entitled  to  wear  it. 
Cardinals  who  are  chosen  from  religious  orders 
retain  in  their  dress  the  color  of  their  own  order, 
except  the  red  biretum  and  calotte.  Those,  how- 
ever, of  the  Jesuit  order  dress  like  secular  cardinals. 
The  coat  of  arms  of  a  cardinal  should  be  surmounted 
by  a  cardinal's  hat  and  fifteen  tassels,  but  not  by  a 
secular  crown  even  though  the  cardinal  is  a  member 
of  a  royal  or  imperial  f amity. 

The  privileges  of  cardinals  are  many,  but  chief 
among  them  is  the  precedence  all  of  them  have  over 
bishops,  archbishops,  primates  and  patriarchs. 
They  also  have  the  exclusive  right  to  the  title, 
"Eminence,"  and  are  considered  equal  in  rank  to 
kings.  In  fact  some  kings  even  have  yielded  prece- 
dence to  cardinals.  Everywhere  they  rank  with 
princes  of  the  royal  blood.  Hence,  too,  as  princes  of 
the  whole  Church  they  take  personal  precedence 
over  apostolic  delegates  in  church  ceremonies  and 
social  gatherings.  Moreover  the  word  of  a  cardinal 
is  to  be  believed  when  he  asserts  that  something  was 
done  in  presence  of  the  Ho^y  Father;  also  when  he 
says  that  some  mandate  was  given  him  verbally  by 
the  Pope;  also  when  he  asserts  that  he  is  a  legate, 
for  then  the  ordinary  power  of  a  legate  is  to  be 
acknowledged  in  him  even  without  his  showing  any 
letters  of  delegation. 


SELECTION   OF    CARDINALS.  51 

That  the  cardinals  may  have  decent  support  in 
their  proper  state,  they  are  to  have  benefices  which 
will  give  them  an  annual  income  of  at  least  S4,000; 
if  their  income  is  less,  they  are  to  receive  each  month 
S100  additional  from  the  general  treasury.  The 
cardinals  who  attend  the  consistories  and  the  con- 
gregations participate  in  a  certain  sum  of  money  set 
aside  for  that  purpose,  which  is  distributed  to  each 
by  the  cardinal-camerlengo  of  the  Sacred  College. 
A  peculiar  privilege,  flowing  from  their  office  of 
assisting  the  Roman  Pontiff  in  ruling  the  universal 
Church,  and  in  case  of  vacancy  in  the  Apostolic  See 
of  supplying  his  place  until  the  election  of  a  new 
Pope,  is  that  the  cardinals  may  convoke  a  general 
council  in  case  of  schism  when  two  candidates  are 
contending  for  the  papacy. 

55.  Because  of  the  office  and  the  eminent  dignity 
of  the  cardinalate,  it  is  evident  that  only  those  who 
are  conspicuous  for  virtue,  learning  and  experience 
should  be  chosen  for  cardinals.  Hence  by  way  of 
direction  the  Council  of  Trent  decreed  that  all  the 
qualities  required  by  the  canons  for  the  episcopal 
dignity  should  be  required  in  the  creation  of  cardinals 
of  the  Holy  Roman  Church,  even  if  they  are  only 
deacons  in  holy  order.  Again  those  who  are  born 
illegitimate,  even  if  legitimized  by  a  subsequent 
marriage  of  their  parents^  should  not  be  promoted  to 
the  cardinalate.  Also  a  person  who  has  an  uncle  or 
a  nephew  a  cardinal,  cannot  himself  be  made  cardi- 
nal; or  to  be  more  exact,  Pope  Sixtus  V.  in  order  to 
ward  off  all  danger  of  factions  or  rivalry  absolutely 
forbade  that  two  persons  related  in  the  first  or  sec- 


52  THE   ROMAN   COURT. 

ond  degree  of  consanguinity  should  be  in  the  Sacred 
College  together,  and  decreed  that  the  selection  of 
the  second  should  be  entirely  null  and  void. 

Among  the  cardinals  there  should  be  at  least  four 
from  the  regular  and  mendicant  orders,  for  Sixtus  V. 
says:  "Among  these  seventy  cardinals,  besides  doc- 
tors celebrated  in  their  knowledge  of  law  and  the 
decrees,  there  should  be  some  men  who  are  masters 
in  theology,  and  especially  should  they  be  taken,  not 
less  than  four  of  them,  from  the  regular  and  mendi- 
cant orders." 

And  finally,  according  to  the  mind  of  the  Council 
of  Trent,  the  cardinals  as  much  as  can  be,  should  be 
selected  from  all  the  nations  of  Christianity.  There 
is  good  reason  for  this  desire  and  counsel;  for  the 
business  transacted  by  the  cardinals  and  particularly 
the  election  of  the  Roman  Pontiff,  pertains  to  all 
Christian  nations.  Hence  that  a  balance  may  be 
preserved  among  nations  and  that  their  circumstances 
and  needs  may  be  better  known  to  the  Holy  See,  it 
is  very  advisable  that  every  nation  should  have 
defenders  and  judges  in  the  senate  of  the  Roman 
Pontiff.  Following  the  wish  of  the  Council  of  Trent 
the  Roman  Pontiffs  unto  our  own  day,  have  promoted 
to  the  dignity  of  the  cardinalate  select  men  from 
various  regions,  but  particularly  from  Catholic 
nations. 


CHAPTER  VII. 

CARDINALS   IN   RELATION   TO   THEIR   TITLES. 

56.  The  title  of  a  cardinal  is  the  church  in  the  city 
of  Rome  to  which  he  is  appointed.  Cardinals  of  the 
Holy  Roman  Church  who  are  at  the  same  time  ordi- 
naries of  dioceses  are  obliged  to  reside,  not  in  their 
titular  churches  in  Rome,  but  in  their  dioceses,  and 
in  every  respect  are  subject  to  the  laws  regarding 
the  residence  of  bishops.  It  is  indeed  true  that  such 
cardinals  cannot  assist  the  Sovereign  Pontiff  as  their 
office  requires;  but  nevertheless  they  assist  somewhat, 
giving  from  a  distance  what  help  they  can;  and  it 
has  long  been  the  custom  that  quite  a  number,  some- 
times reaching  nearly  half  of  the  seventy  cardinals, 
are  selected  from  among  such  bishops  as  are  obliged 
to  reside  in  their  own  dioceses. 

But  the  six  cardinal-bishops,  that  is,  the  bishops 
of  the  six  suburbicary  sees  are  not  obliged  to  reside 
in  their  own  dioceses;  for  these  dioceses  being  near 
Rome  can  easily  be  ruled  from  that  city.  These 
bishops  are  therefore  specially  exempt  from  the  law 
of  residence  which  requires  every  bishop  to  live  in  his 
own  diocese. 

With  the  exception,  then,  of  the  bishops  who  rule 
dioceses,  all  the  other  cardinals  are  obliged  to  reside 
at  the  Roman  Court,  that  is,  near  the  Supreme  Pon- 
tiff, that  they  may  give  him  the  assistance  their 
office  requires.     Wherever  the  Pope  is,   there  is  the 


54  THE   ROMAN   COURT. 

Court.  Moreover  the  cardinals  may  not  leave  the 
Court  without  permission  of  the  Roman  Pontiff  under 
pain  of  forfeiting-  their  privileges;  and  this  applies 
also  to  those  cardinals,  who  being-  ordinaries,  wish 
to  return  home  after  a  visit  to  Rome  ad  limina  or  for 
any  other  reason. 

57.  The  appointment  of  a  cardinal  to  a  title  or 
church  in  Rome  necessarily  g-ives  him  certain  rig-hts 
and  jurisdiction  in  that  church,-  even'  thoug-h  he  is  a 
bishop  of  a  diocese  away  from  Rome.  Jurisdiction 
in  his  diocese  is  concurrent  with  that  in  his  title. 
The  six  suburbicary  cardinal-bishops  have  no  titles 
in  the  city  of  Rome,  but  they  have  churches  or  dio- 
ceses near  Rome,  and  in  them  they  have  full  episco- 
pal jurisdiction.  The  cardinal-deacons,  strictly 
speaking",  also  have  no  titles,  but  have  deaconries  in 
Rome.  But  since  these  deaconries  are  also  churches 
and  since  their  jurisdiction  in  them  is  the  same  as 
that  of  cardinal-priests  in  their  titles,  both  cardinal- 
priests  and  cardinal-deacons  may  be  said  to  have 
titles  or  churches  in  Rome. 

58.  Formerly  these  titles  had  each  of  them  a  sep- 
arate territory  with  a  clerg-y  and  people  subject  or 
belong-ing-  to  them,  and  the  cardinal-priest  or  car- 
dinal-deacon consequently  had  quasi-episcopal  juris- 
diction in  his  title.  They  could  therefore  dispense 
their  subjects  from '  vows,  could  validly  assist  at 
their  marriag-es  or  appoint  others  for  that  purpose. 
They  were,  to  use  an  illustration,  parish-priests  of 
these  churches  with  quasi-episcopal  jurisdiction. 
The  cardinals,  thoug-h  only  priests,  were  also 
entitled  to  pontifical  insig-nia  in  their  own  churches, 
and,-  like  bishops  in  their  dioceses,  could   solemnly 


CARDINALS   IN   THEIR   TITLES.  55 

bless  the  people.  In  fact  these  honors  so  clearly 
and  fully  belonged  to  them  that  without  their  per- 
mission no  one  could  pontificate  in  their  titular 
churches. 

59.  But  a  change  was  made  by  Pope  Innocent  XII. 
in  the  year  1692,  and  while  all  the  honors  were  left 
them,  the  quasi-episcopal  jurisdiction  of  the  cardi- 
nals over  the  clergy  and  people  of  their  titles  was 
taken  away  and  given  to  the  cardinal-vicar  who  has 
real  jurisdiction  over  the  whole  city.  Thus  as  Pit- 
onius  says,  De  Controv.  Patron.,  "By  the  constitu- 
tion of  Innocent  XII.  not  only  is  their  jurisdiction 
over  their  clergy  and  parishioners  taken  away,  but 
also  they  are  given  only  a  domestic  jurisdiction  in 
those  things  which  concern  the  service  of  the  church 
in  regard  to  discipline  and  the  correction  of  morals, 
(which  jurisdiction  is  common  to  all  chapters  of 
churches  or  their  vicars)  in  an  extra-judicial  way. 
But  this  faculty  does  not  extend  to  grave  offenses 
and  contentious  trials." 

60.  In  regard  to  conferring  orders  it  may  be 
remarked  that  the  cardinals  who  have  titles  in  Rome 
may,  if  they  themselves  are  priests,  confer  tonsure 
and  minor  orders  in  their  titular  churches,  but  only 
on  those  who  are  in  the  service  of  their  church.  But 
even  though  they  themselves  are  bishops,  they  can- 
not confer  major  orders  in  their  titles.  The  cardi- 
nal-vicar of  Rome  is  the  only  one  who  has  the  right 
to  confer  major  orders  in  Rome,  excepting*  of  course 
the  Pope  whose  vicar  he  is. 

Likewise  the  suburbicary  cardinal-bishops  cannot 
ordain  in  Rome,  though  to  their  own  djocesans  they 
may   give    tonsure    in   the   chapel   of   their    palace. 


56  THE   ROMAN   COURT. 

Further,  if  they  themselves  or  their  coadjutor-bishops 
do  not  ordain  in  their  own  sees  outside  of  Rome,  then 
they  are  obliged  to  send  their  candidates  to  be 
ordained  only  by  the  cardinal-vicar  of  Rome. 

61.  From  a  ver}r  recent  decision  it  is  certain  that 
only  the  titular  cardinal  has  a  right  to  pontificate  in 
his  title  even  to  the  exclusion  of  the  cardinal-vicar  of 
Rome.  In  the  year  1877  a  doubt  arose  as  to  whether 
a  new  altar  erected  in  the  Eudoxian  basilica  should 
be  consecrated  by  the  cardinal  titular  of  that  church 
or  by  the  cardinal-vicar  of  Rome.  Pope  Pius  IX. 
delegated  four  suburbicary  cardinal-bishops  to  exam- 
ine the  case.  In  the  meantime,  because  the  day  for 
consecration  was  at  hand,  it  was  agreed  that  for  that 
time  the  titular  cardinal,  because  he  was  in  posses- 
sion, should  perform  the  consecration.  When 
Leo  XIII.  succeeded  to  the  pontifical  throne,  he 
instructed  the  cardinal-dean  of  the  Sacred  College 
to  have  the  question  settled  as  soon  as^  possible. 
Various  consultive  opinions  were  asked,  and  when 
they  had  been  prepared,  the  four  cardinal-bishops 
together  with  the  cardinal-prefect  of'  the  Sacred 
Congregation  of  Rites  who  had  been  added  to  the 
commission,  met  on  January  25,  1879,  and  having 
discussed  the  reasons  advanced  on  both  sides,  unani- 
mously voted  that  "the  right  to  consecrate  altars  in 
churches  of  a  cardinalitial  title  belongs  to  the  most 
eminent  cardinals  of  those  titles  and  not  to  the  car- 
dinal-vicar of  the  city . "  This  decision  was  confirmed 
on  January  30,  1879,  by  His  Holiness,  Leo  XIII. , 
and  a  decree  made  to  that  effect. 

62.  Cardinals  retain  the  title  assigned  to  them  in 
the  public   consistory  at   which   they  were  created, 


CARDINALS   IN   THEIR   TITLES.  57 

until  by  rig-ht  of  option,  with  the  consent  of  the  Sov- 
ereign Pontiff,  they  acquire  a  higher  one.  The  rig-ht 
of  option  consists  in  this,  that  cardinals  of  a  lower 
order  have  the  rig-ht  to  ascend  to  a  higher  order. 
Concerning"  which  it  should  be  noted,  that  cardinal- 
deacons  after  ten  years,  if  they  are  priests,  can 
choose  a  cardinal-presbyteral  title,  and  then  they 
immediately  take  precedence  over  all  cardinal-priests 
who  were  created  cardinals  after  them.  Ag-ain,  the 
oldest  cardinal-priest  present  at  the  Roman  Court 
when  one  of  the  suburbicary  sees  becomes  vacant, 
has  an  option  on  that  see,  except  it  be  that  of  Ostia 
or  that  of  Porto  which  are  reserved  for  the  dean  and 
subdean  of  the  Sacred  Colleg-e.  Hence  the  cardinal- 
bishops,  because  they  assume  the  administration  of 
the  suburbicary  churches  by  option  and  by  the  dis- 
position of  the  law  itself,  ascribe  their  promotion  to 
the  divine  mercy  which  prolong-ed  the  da}Ts  of  their 
cardinalate;  and  sig'n  themselves  thus  :  "Francis, 
by  the  divine  mercy,  Bishop  of  Prascati,  cardinal  of 
the  Holy  Roman  Church."  Other  bishops  insert  in 
their  signature,  "and  by  the  favor  of  the  Apostolic 
See,"  thus  attesting-  that  they  depend  not  on  the 
law  itself  but  immediately  on  the  Holy  See  for  their 
appointment.  Lastly,  according-  to  the  constitution 
of  Clement  XII.,  the  oldest  cardinal-bishop  who  is 
present  at  Court  becomes  the  dean  of  the  Sacred 
Colleg-e  as  soon  as  a  vacancy  occurs.  This  seniority 
is  reckoned,  not  physically  nor  yet  from  episcopal 
consecration,  but  it  is  reckoned  from  the  time  of  pro- 
motion to  one  of  the  suburbicary  churches. 

63.   The  cardinal-dean  of  the  Sacred  Colleg-e  has 
a  number  of  special   prerogatives.     He  becomes  the 


58  THE   ROMAN    COURT. 

Bishop  of  Ostia,  than  which  dignit}%  excepting  the 
papacy  alone,  there  is  no  greater  in  the  Church  of 
God.  As  Bishop  of  Ostia,  taking-  the  place  of  a 
metropolitan,  he  consecrates  the  newly  elected  Pope 
if  he  is  not  yet  a  bishop,  and  wears  the  pallium  dur- 
ing- the  consecration.  The  cardinal-dean  is  always 
the  prefect  of  the  Sacred  Congreg-ation  of  Cere- 
monies and  g-enerally  also  secretary  of  the  Sacred 
Congreg-ation  of  the  Holy  Office  over  which  the  Pope 
himself  presides. 

.  In  the  absence  of  the  Pope  and  during-  a  vacancy 
in  the  Apostolic  See,  the  cardinal-dean  presides  over 
the  Colleg-e  of  Cardinals.  Hence  Pope  Alexan- 
der IV.  frequently  said  that  after  the  papacy  there 
is  no  greater  dig-nity  in  the  Church  of  God  than  that 
of  the  Cardinal-bishop  of  Ostia,  the  dean  of  the 
Sacred  Colleg-e. 


CHAPTER  VIII. 

THE  COLLEGE  OF  CARDINALS  DURING  A  VACANCY 
IN  THE  APOSTOLIC  SEE. 

64.  The  selection  of  the  Sovereign  Pontiff  is  a 
most  important  event  for  both  the  Church  and  the 
secular  world.  Our  Lord  himself  selected  the  first 
Pope,  St.  Peter;  but  nowhere  in  Scripture  or  tradi- 
tion can  any  law  be  found  by  which  he  determines 
by  whom  or  in  what  manner  the  succeeding-  Pontiffs 
are  to  be  chosen.  Since,  however,  we  must  suppose 
the  Saviour  builded  his  Church  wisely  and  carefully, 
we  must  also  conclude  that  he  left  the  necessary 
power  of  selecting-  a  Supreme  Pontiff  with  the 
Church,  and  that  to  it  he  also  left  authority  to 
arrang-e  the  method  of  selection. 

From  this  it  follows  as  a  necessary  consequence 
that  to  the  Supreme  Pontiff,  the  Vicar  of  Christ,  has 
been  g-iven  the  power  of  determining-  the  method  of 
selecting-  his  successors;  for  he  alone  is  supreme  in 
the  Church  and  without  him  as  head,  no  decree  of 
the  Church  as  the  body  is  of  any  force.  Moreover, 
the  constant  practice  of  the  Church  confirms  this 
view,  because  time  and  ag:ain  the  Roman  Pontiffs 
have  enacted  laws  reg-arding-  the  selection  of  their 
successors  and  these  laws  have  always  been  observed. 

65.  Whether  the  Pope  can  choose  his  own  suc- 
cessor is  a  controverted  and  difficult  question.  For, 
while  all  the    learned   unanimously   agree  that  the 

59 


60  THK   ROMAN    COURT. 

Pope  has  the  power  of  determining-  by  whom  and  in 
what  way  his  successors  shall  be  chosen,  neverthe- 
less when  thev  come  to  the  question  whether  he  can 
choose  his  own  successor,  they  maintain  very  diver- 
gent opinions.  Cardinal  Petra  thus  sums  up  the 
question:  "Descending  to  this  arena  the  doctors, 
forming-  three  armies,  vehemently  fight  among  them- 
selves. For  some  absolutely  speaking  teach  that 
the  Pope  can  select  his  own  successor.  Others  abso- 
lutely deny  this  power  to  the  Sovereign  Pontiff. 
And  lastly  some,  holding  the  middle  course,  affirm 
that  only  in  some  urgent  necessity  or  for  the  great 
utility  of  the  Church,  but  not  as  an  ordinary  matter 
can  the  Pope  select  his  own  successor." 

As  a  matter  of  fact  some  Popes  have  pointed  out 
those  whom  they  deemed  best  fitted  to  succeed  them, 
but  church  history  has  no  record  of  any  Supreme 
Pontiff  choosing  his  own  successor,  if  we  except 
Pope  Boniface  II.  in  theyear  529.  This  Pope,  in 
order  to  prevent  a  recurrence  of  the  scandalous  con- 
tentions which  took  place  at  the  time  of  his  election, 
when  the  Ostrogoth  king  set  up  an  antipope,  adopted 
the  extraordinary  measure  of  issuing  a  decree  by 
which  he  appointed  the  deacon  Virgilius  his  suc- 
cessor in  the  papacy.  But  the  next  year  in  a  council 
held  in  Rome  he  recalled  his  decree  and  declared  it 
annulled. 

On  the  other  hand  it  is  of  record  that  Pope  Celes- 
tine  III.  wished  to  resign  the  papacy  in  favor  of 
Cardinal  John  de  St.  Paul,  but  because  such  an 
action  was  unknown  in  the  Church,  he  determined 
not  to  do  it.  Pope  Paul  III.  was  asked  by  Cardinal 
Francis  Pisana  Veneto  to  choose  his  own  successor, 


ELECTORS   OF   THE   POPE.  61 

but  positively  declined.  And  under  Pope  Paul  IV. 
the  question  whether  the  Pope  can  choose  his  own 
successor  was  discussed  in  consistory,  and  he,  with 
the  majority  of  the  cardinals,  thought  the  affirma- 
tive opinion  should  be  rejected  as  false,  but  no 
decree  was  issued  on  the  subject. 

66.  The  method  of  selecting-  the  Roman  Pontiff 
has  been  different  in  different  ages.  In  the  begin- 
ning- of  the  Church,  the  election  pertained  to  the 
priests  and  deacons  of  the  city  of  Rome.  But  from 
the  time  of  St.  S}r  lvester  when  the  Christian  relig-ion 
began  to  be  publicly  professed,  the  whole  Roman 
people  had  a  certain  part  in  his  election  by  bearing 
testimony  to  his  life  and  character.  Throughout 
the  first  four  centuries,  while  the  Roman  Pontiff  was 
selected  in  this  way,  the  greatest  liberty  prevailed. 
But  from  the  fifth  to  the  eleventh  century,  emperors 
and  kings  usurped  great  authority  in  the  matter,  so 
much  so  that  at  times  the  election  ruled  by  them  was 
clearly  injurious  and  invalid,  and  was  so  declared  by 
those  who  had  the  right  of  suffrag-e. 

It  is  true,  that  in  these  centuries,  the  Roman 
clergy  to  whom  the  election  pertained,  could  so  elect 
as  to  make  their  choice  depend  on  the  confirmation  of 
some  king  or  emperor;  and  history  teaches  that 
owing  to  the  calamitous  times  and  the  necessity  or 
policy  of  satisfying-  temporal  princes  such  elections 
sometimes  were  held. 

But  all  such  interference  on  the  part  of  temporal 
authority  was  revocable  at  the  will  of  the  Church, 
and  if  too  long  continued  could  end  but  in  her 
destruction  or  complete  subjection.  Hence  in  the 
year    1059  Pope  Nicholas   II.   with  great    prudence 


62  THE    ROMAN   COURT. 

prescribed  a  certain  form  and  method  for  filling-  the 
Roman  See,  which  was  published  in  the  Lateran 
Council,  and  by  which  the  cardinal-bishops  were 
declared  the  electors  of  the  Sovereign  Pontiff,  while 
to  the  other  cardinals,  the  clergy  and  the  Roman 
people  it  was  left  only  to  consent  to  the  election 
made  by  these  cardinals. 

67.  In  the  year  1178  in  another  Lateran  Council 
Pope  Alexander  III.  decreed  that  the  election  of  the 
Sovereign  Pontiff  should  pertain  to  all  the  cardinals 
but  to  them  alone;  and  that  he  who  received  two- 
thirds  of  the  votes  of  all  the  cardinals  participating* 
in  the  election  should  be  the  Pope.  This  decree  has 
proved  of  incalculable  g*ood  to  the  Church  from  that 
time  to  the  present;  for  by  it  the  turbulence  of  the 
populace  and  the  violence  of  temporal  rulers,  which 
interfered  throug-hout  so  many  ag-es,  were  entirely 
eradicated  from  the  election  of  the  Sovereign  Pontiff. 

But  it  required  still  other  precautions  to  ward  off 
the  dang-ers  which  could  result  from  too  tardy  an 
election  and  the  chance  of  interference  with  the  lib- 
erty or  integrity  of  the  cardinal-electors.  Hence  in 
the  Council  of  Lyons  in  1274  the  use  of  the  secret 
conclave  was  introduced  by  Pope  Gregory  X.,  and  it 
was  further  prescribed  that  if  the  cardinals  could 
not  make  a  choice  w7ithin  three  days,  thereafter  until 
a  Pope  was  elected  they  should  be  allowed  but  one 
meal  a  day.  And  if  within  five  more  days  no  choice 
w*as  made,  thereafter  they  should  be  allowed  only 
bread  and  wine  or  water  until  they  should  finish  the 
election.  These  regulations  were  somewhat  chang-ed 
and  additions  to  the  method  of  election  made  by  suc- 
ceeding- Popes,  until,  under  Greg-ory  XV.  in  1623  and 


METHOD   OF   ELECTION.  63 

Clement  XII.  in  1740  the  laws  now  in  use  were  per- 
fected. 

Finally  Pope  Pius  IX.  of  blessed  memory,  to  pre- 
clude all  chance  of  controversy,  on  December  4,  1869, 
a  few  days  before  the  solemn  opening-  of  the  Vatican 
Council,  issued  a  decree,  determining*  that,  "If  the 
Holy  See  becomes  vacant  during-  the  holding-  of  an 
oecumenical  council,  the  election  of  the  new  Pontiff 
does  not  devolve  on  the  council,  but  remains  wholly 
and  exclusively  with  the  cardinals."  Moreover  the 
council  itself  becomes  adjourned  until  re-convened 
by  the  new  Pontiff. 

68.  Thus  it  will  be  seen  that  the  rig-ht  which  the 
cardinals  have  of  electing"  the  Sovereig-n  Pontiff  is 
not  of  divine  orig-in,  for  no  trace  of  it  can  be  found 
in  Scripture  or  tradition;  but  it  is  rather  of  apostolic 
institution,  for  from  apostolic  times  the  Roman 
clergy,  that  is,  the  priests  and  deacons  of  the  Roman 
Church,  wTho  to-day  are  called  cardinals,  have  exer- 
cised this  rig-ht.  Whatever  part  the  Roman  people 
afterwards  had  in  the  election  was  but  secondary, 
and  in  subjection  to  the  rig-ht  of  the  clergy.  The 
taking-  away  this  rig-ht  to  participate  from  the 
Roman  people  and  the  inferior  clergy  and  confining- 
the  election  to  the  cardinals  of  the  Holy  Roman 
Church  is  of  ecclesiastical  institution  and  is  founded 
on  decrees  of  the  Sovereign  Pontiffs. 

69.  Likewise  on  the  decrees  and  will  of  the  Sov- 
ereig-n Pontiffs  is  founded  all  the  jurisdiction  which 
the  Colleg-e  of  Cardinals  has  during-  a  vacancy  in  the 
Apostolic  See.  In  the  earlier  centuries  the  Colleg-e 
of  Cardinals,  the  presbytery  of  the  Roman  See, 
succeeded  to  the  jurisdiction  of  the  deceased  Pontiff, 


64  THE   ROMAN   COURT. 

just  as  other  cathedral  chapters  obtained  jurisdic- 
tion by  the  death  of  their  respective  bishops.  More- 
over this  ordinary  jurisdiction  of  the  College  of  Car- 
dinals extended  to  the  whole  Church.  But  in  the 
year  1274  at  the  Second  General  Council  of  Lyons 
Pope  Gregory  X.  decreed  that  during-  a  vacancy  in 
the  Apostolic  See  the  College  of  Cardinals  can 
neither  validly  nor  licitly  exercise  any  pontifical 
jurisdiction  or  power;  the  only  exception  being  some 
imminent  danger,  which,  in  the  unanimous  opinion 
of  all  the  cardinals  present,  demands  immediate 
action  on  their  part. 

In  this  respect  the  College  of  Cardinals  is  in  a 
worse  position  than  inferior  chapters;  for  unto  these 
the  episcopal  jurisdiction  is  transferred  by  the  death 
of  the  bishop;  but  not  so  to  the  College  of  Cardinals. 
In  case  of  a  vacancy  in  the  Apostolic  See,  it  acquires 
none  of  the  ordinary  powers  of  the  Supreme  Pontiff. 
Hence  it  cannot  create  new  cardinals,  nor  restore  to 
their  rights  and  a  vote  in  conclave  any  cardinals  who 
have  been  deprived  of  their  office;  neither  can  it 
give  the  insignia  to  newly  created  cardinals.  It  can- 
not create  bishops  nor  confirm  those  chosen;  it  cannot 
confer  benefices  nor  execute  decrees  of  favor  or  justice 
granted  by  the  deceased  Pontiff. 

70.  However  the  jurisdiction  of  the  Sacred  Con- 
gregations continues  during  a  vacancy  in  the  Apos- 
tolic See,  because  their  faculties  are  perpetual,  and 
do  not  expire  with  the  death  of  a  Pope.  They  have 
ordinary  jurisdiction  founded  on  law  and  statute,  as 
is  plainly  evident  from  the  constitution  of  Sixtus  V. 
on  the  subject.  But  although  the  faculties  of  the 
Congregations  of  Cardinals  do  not  expire  with  the 


CARDINALS   DURING   VACANCY.  65 

death  of  the  Pope,  nevertheless  during-  a  vacancy, 
the  cardinals  being*  in  conclave,  they  should  be 
allowed  to  lie  unused,  particularly  in  regard  to  those 
affairs  which  are  transacted  with  the  sig-nature  of 
the  cardinal-prefect  or  the  seal.  The  business,  how- 
ever, that  is  usually  transacted  by  the  secretary  can 
be  done  also  during-  a  vacancy;  and  in  case  there  is 
reasonable  cause,  business  requiring-  the  sig-nature 
of  the  prefect  may  also  be  transacted,  and  the  doc- 
uments be  sigfned  by  him  in  conclave. 

71.  It  will  be  noticed  that  there  is  a  very  great 
difference  between  the  Colleg-e  of  Cardinals  and  the 
Sacred  Congregations  to  which  the  cardinals  resid- 
ing- at  the  Roman  Court  are  assig-ned.  Each  of  these 
Cong-reg-ations  is  composed  of  several  cardinals  and 
other  learned  clerics,  but  the  College  of  Cardinals 
is  made  up  of  all  the  cardinals  of  the  Holy  Roman 
Church  and  of  them  alone.  The  Colleg-e  of  Cardi- 
nals is  a  corporation,  and  as  such  has  various  officers. 
It  is  presided  over  by  the  dean  of  the  Sacred  Col- 
leg-e, who  is  the  senior  cardinal-bishop,  and  whose 
suburbicary  see  is  that  of  Ostia  and  Velletri. 

The  cardinal-camerleng-o  of  the  Sacred  College 
administers  its  revenues  and  each  year  distributes  to 
the  cardinals  the  portion  assig-ned  them.  He  is 
assisted  by  several  subordinate  officials;  and  during 
a  vacancy  in  the  Apostolic  See  continues  discharging- 
all  the  duties  of  his  office.  While  he  is  in  conclave, 
he  does  not  personally  attend  to  external  business, 
but  only  throug-h  his  ministers  and  officials.  His 
appointment  does  not  expire  with  the  death  of  the 
Pope,  and  if  he  should  die  during-  the  vacancy  the 
cardinals  may  fill  the  office  temporarily. 


66  THE   ROMAN   COURT. 

The  secretary  of  the  Sacred  College  is  an  Italian 
cleric  elected  to  the  position  by  the  votes  of  the  car- 
dinals. His  duty  is  to  care  for  the  books  and  docu- 
ments pertaining-  to  the  Sacred  College.  Pope 
Urban  VIII.  decreed  that  he  should  be  also  secretary 
of  the  Sacred  Congregation  of  the  Consistory.  He 
has  a  substitute  who  is  also  chosen  by  the  cardinals. 
The  term  of  office  of  the  substitute  is  one  year,  and 
he  is  chosen  by  turn  from  the  German,  French, 
Spanish  and  English  nations.  Hence  he  is  called 
the  "national  cleric." 

It  should  be  mentioned,  that,  although  the  cardi- 
nal-dean presides  over  the  Sacred  College,  still, 
except  in  a  vacancy  of  the  Apostolic  See,  he  may  not 
call  a  meeting  of  the  College  without  previous  per- 
mission of  the  Sovereign  Pontiff/ 

72.  A  vacancy  occurs  in  the  Apostolic  See  when 
the  Sovereign  Pontiff  resigns  or  dies.  The  Roman 
Ceremonial  prescribes  that  as  soon  as  the  Pope  is 
dead,  all  the  officials  are  to  leave  the  palace  except 
the  cardinal-camerlengo,  whose  office  does  not  expire 
with  the  death  of  the  Pope.  The  secretaries,  immed- 
iately after  the  camerlengo  has  declared  the  Pope  to 
be  dead,  bring  the  ring  of  the  fisherman  and  the  seal 
of  the  deceased  Pontiff  to  this  cardinal  who  breaks 
them  with  a  hammer.  The  dean  of  the  Sacred  Col- 
lege, the  senior  cardinal-priest  and  the  senior  cardi- 
nal-deacon together  with  the  camerlengo  then  assume 
the  administration  of  the  affairs  of  the  Apostolic 
See.  Notice  is  sent  immediately  by  the  secretary  of 
the  Sacred  College  to  all  the  absent  cardinals  inform- 
ing them  of  the  death  of  the  Sovereign  Pontiff;  but 
they  are  not  summoned  or  convoked  by  the  secretary 


BEGINNING   OF   CONCLAVE.  67 

or  any  one  else  to  attend  the  election  of  his  successor. 
The  law  itself  is  their  guide. 

The  cardinals  who  are  at  Court  when  the  Sover- 
eign Pontiff  dies,  await  the  arrival  of  the  absent  car- 
dinals for  the  space  of  ten  days  and  no  longer.  But 
if  before  the  expiration  of  the  ten  days  they  should 
hold  an  election,  or  if  they  should  wait  longer  than 
ten  days,  the  election  nevertheless  would  be  valid. 
During  these  ten  days  funeral  services  are  held  daily 
in  St.  Peter's  for  the  deceased  Pontiff;  after  which 
the  body  of  the  Pope  is  deposited  in  its  provisional 
tomb.  If  the  Pope  should  die  awa}~  from  Rome  or 
its  vicinity,  the  conclave  is  to  be  held  in  tlie  place  of 
his  death.  But  to  avoid  this  difficulty,  before  leav- 
ing Rome  on  any  journey,  the  Pontiffs  usually  decree 
that  in  case  they  should  die  away  from  Rome,  the 
conclave  is  nevertheless  to  be  held  in  Rome. 

73.  The  funeral  services  of  the  deceased  Pope 
having  been  completed,  and  the  ten  days,  including 
the  day  of  the  Pope's  death,  having  expired,  on  the 
morning  of  the  eleventh  day  the  cardinals  gather  in 
the  basilica  of  St.  Peter  and  the  cardinal-dean  there 
celebrates  the  Mass  of  the  Holy  Ghost.  After  this 
is  finished,  while  the  Veni  Creator  is  being  sung* 
they  proceed  to  the  conclave  in  the  Vatican  palace. 
Here  when  they  reach  the  chapel  of  the  conclave  the 
dean  of  the  Sacred  College  recites  the  prayer,  "Dens 
qui  Corda."  Then  the  pontifical  constitutions  con- 
cerning the  election  of  the  Sovereign  Pontiff  are  read 
and  the  cardinals  promise  under  oath  to  observe 
them.  Once  having  entered  the  conclave  they  can- 
not leave  until  after  the  election  of  the  new  Pope. 
If  anv  cardinal  should  leave  the  conclave  because  of 


68  .    THE   ROMAN   COURT. 

sickness  or  other  cause,  he  cannot  return  ag-ain  even 
if  he  recovers,  nor  can  he  have  a  voice  in  the  election. 

When  Dr.  Smith  in  his  Elements,  No.  330,  says 
the  contrary  and  claims  that  Craisson  is  in  error,  he 
seems, to  overlook  the  consequences  of  his  assertion. 
What  would  be  the  use  of  a  conclave  if  any  cardinal 
could  g-o  out  and  in  according-  as  he  felt  the  state  of 
his  health?  The  whole  intention  of  the  conclave 
would  be  nullified,  and  throug-h  such  a  claim  of  sick- 
ness a  constant  communication  with  the  exterior 
world  mig-ht  be  kept  up.  Craisson,  Bouix  and  the 
Roman  Ceremonial  are  right  and  Dr.  Smith  must  be 
considered  in  error  on  this  point  even  if  he  quotes 
the  learned  Philips. 

During  the  first  day,  according-  to  Cardinal  de 
Luca,  there  is  free  access  granted  to  the  representa- 
tives of  princes,  to  magnates  and  prelates,  and  in 
fact  to  nobles,  priests  and  people  g-enerally.  All 
who  wish  may  visit  the  cardinals  in  their  apartments 
and  offer  g-ood  wishes  and  testimonies  of  respect. 
But  when  evening-  comes  all  but  the  conclavists  are 
rigorously  excluded.  The  cardinals  remain  in  their 
cells  which  without  any  acceptation  of  persons  have 
been  assigned  by  lot;  and  the  cardinals  who  may 
have  been  detained  then  also  enter  the  conclave  and 
proceed  to  their  apartments.  Over  the  entrance  to 
the  cell  of  each  cardinal  is  placed  his  coat  of  arms, 
covered  with  green  serge,  or  with  purple  if  he  has 
been  created  by  the  deceased  Pontiff. 

74.  The  windows  of  that  part  of  the  Vatican  pal- 
ace or  other  place  which  is  set  apart  for  the  conclave 
are  walled  up  and  all  doors  leading-  to  the  conclave 
are  likewise  closed,  except  one  which  is  doubly  locked 


THE   CONLAVE.  69 

and  only  opened  to  permit  a  sick  cardinal  to  leave, 
or  a  late-arriving-  one  to  enter.  A  cardinal  just 
arriving-  may  enter  the  conclave  up  to  the  time  of 
the  election.  The  key  of  the  inside  lock  on  this  door 
is  kept  by  the  cardinal-camerleng-o;  that  of  the  out- 
side lock  by  the  g-overnor  of  the  conclave  who  is  a 
prelate  chosen  for  the  position  by  the  cardinals  before 
they  enter  the  conclave.  Food  and  whatever  else 
may  be  nesessary  is  introduced  through  a  turning- 
box  which  is  also  doubly  locked,  the  key  to  the  in- 
side lock  being-  kept  by  the  master  of  ceremonies  and 
that  of  the  outside  by  the  prelate  appointed  for  that 
purpose. 

That  a  strict  watch  may  be  kept  over  the  food  and 
that  no  letter  or  messag-e  of  any  kind  may  be  trans- 
mitted to  or  from  the  cardinals  or  any  of  the  con- 
clavists, guards  stationed  on  the  outside  of  the  con- 
clave are  appointed  to  watch  the  entrance  and  the 
turning--box,  and  to  examine  thoroughly  everything 
that  is  sent  to  or  from  the  conclave.  These  guards 
are  prelates  of  various  grades  and  are  changed  twice 
a  day,  morning  and  evening-.  An  exact  order  is  fol- 
lowed in  the  assignment,  so  that  of  the  prelates 
present  in  Rome  at  the  time  of  the  conclave,  the  pa- 
triarchs serve  first,  then  archbishops,  bishops  and 
other  prelates  according  to  the  order  of  their  promo- 
tion. Under  pain  of  perjury  and  suspension  they  are 
to  use  the  greatest  dilig-ence  in  examining-  the  food 
and  other  things,  as  well  as  the  persons  who  enter 
or  leave  the  conclave,  that  no  letters,  or  other  signs 
may  be  transmitted  either  way.  If  any  of  the  ser- 
vants or  other  conclavists  are  found  delinquent  in 
this  respect,  they  are  subject  to  most  severe  punish- 


70  THE   ROMAN   COURT. 

ment  and  no  cardinal  is  allowed  to  intercede  in  their 
favor.  On  the  inside  of  the  conclave,  the  cardinal- 
dean  and  the  camerleng-o  make  a  tour  of  inspection 
every  evening-  to  see  that  all  is  in  proper  condition. 

75.  Inside  the  conclave  and  subject  to  its  restric- 
tions, each  cardinal  is  allowed  to  bring-  two  servants, 
who  cannot  be  merchants,  ministers  of  princes  or 
temporal  lords,  nor  brothers  or  nephews  of  cardinals, 
but  who  must  be  real  servants  of  the  cardinals  them- 
selves and  in  their  employ  for  at  least  one  year 
previous  to  the  conclave.  If  ag-ed  or  infirm  cardi- 
nals need  a  third  servant,  the  concession  may  be 
granted  by  the  Colleg-e  of  Cardinals.  Besides  these 
personal  servants,  there  are  several  -other  officials 
and  attendants  who  serve  the  cardinals  in  common. 
They  are,  one  sacristan  and  his  assistant,  two  mas- 
ters of  ceremonies  who  assist  the  cardinal  celebra- 
ting-, one  relig-ious  to  hear  confessions,  one  secretary 
of  the  Sacred  Colleg-e  with  one  servant  only,  two 
physicians,  one  surg-eon  with  two  assistants,  two 
barbers  with  two  assistants,  one  carpenter,  one 
mason  and  eig-ht  or  ten  servants  for  g-eneral  work. 
All  these  are  elected  by  ballot  by  the  College  of 
Cardinals  and  paid  from  the  public  treasury;  but 
none  of  them  can  be  chosen  from  the  household  of  any 
cardinal. 

76.  The  day  after  entering"  into  conclave  the  car- 
dinal-dean says  a  low  Mass  of  the  Holy  Ghost,  at 
which  all  the  cardinals  receive  Communion.  Then 
a  scrutinium  or  vote  is  taken  for  the  new  Sovereig-n 
Pontiff..  During-  the  balloting-  everyone  is  excluded 
from  the  chapel.  A  cardinal  who  may  not  have 
received  deacon's  orders  is  not  admitted  to  the  con- 


VOTING   IN   CONCIvAVE.  71 

clave;  but  all  the  cardinals  in  conclave,  and  they 
alone,  have  a  vote.  No  one  can  vote  by  proxy.  No 
cardinal,  even  though  excommunicated  or  without 
the  insignia,  can  be  deprived  of  a  vote.  This  regu- 
lation was  made  to  preclude  all  dissensions. 

If  in  the  course  of  the  election  a  considerable  num- 
ber of  cardinals  should  withdraw  from  the  conclave 
refusing*  to  participate  in  the  election,  the  right  of 
choosing-  the  Pontiff  would  remain  with  the  cardinals 
in  conclave,  even  thoug-h  but  two,  yea,  even  thoug-h 
but  one  were  left.  Likewise  if  all  the  cardinals  but 
one  should  die,  he  would  have  the  right  of  electing  the 
Pontiff ;  but  he  could  not  choose  himself.  If  all  the 
cardinals  should  die  before  the  election  of  a  Sover- 
eign Pontiff,  it  is  disputed  who  would  have  the  rig-ht 
to  elect.  Some  say  an  oecumenical  council  should 
elect,  but  the  more  common  and  safe  opinion  is  that 
the  election  would  still  pertain  to  the  Roman  clergy, 
that  is,  to  the  canons  of  the  Lateran  basilica,  the 
cathedral  of  the  Pope. 

Any  man,  even  a  layman  and  a  married  person 
may  validly  be  elected  Sovereign  Pontiff,  and  as  soon 
as  he  is  elected  and  consents,  he  has  full  jurisdiction 
as  the  supreme  pastor  of  the  Church  and  Vicar  of 
Christ.  For  some  centuries,  however,  none  but 
cardinals  have  been  elected  to  the  papacy. 

77.  The  election  of  the  Sovereign  Pontiff  may  be 
accomplished  in  three  ways;  by  quasi-inspiration,  by 
compromise  or  by  vote  which  in  Latin  is  called 
scrutinium.  That  an  election  by  quasi-inspiration 
may  be  valid  it  is  required  that,  after  the  conclave 
has  begun,  every  cardinal  unanimously  and  at 
once   should    agree   on    the    same  person,    without 


72  THE   ROMAN   COURT. 

there  having-  been  any  previous  deliberation  on  the 
subject.  An  election  by  compromise  occurs  when 
the  cardinals  commit  the  rig-ht  of  choosing'  the  Pope 
to  a  few  specified  persons.  As  soon  as  these  persons 
make  a  choice,  the  one  chosen  is  validly  elected  Pope. 
This  method  of  election  is  rare  and  that  by  quasi- 
inspiration  is  still  rarer.  The  usual  method  is  by 
the  scrutinium  or  ballot,  which  is  conducted  with 
great  solemnity. 

Before  the  voting*  beg-ins  three  cardinals  are  chosen 
by  lot  to  act  as  tellers.  A  larg-e  vase,  made  in  the 
shape  of  a  chalice,  is  placed  on  the  altar  of  the  chapel 
wherein  the  cardinals  are  assembled,  and  near  it  is 
the  form  of  oath  which  each  cardinal  takes  before 
depositing-  his  ballot.  The  oath  is:  '  'I  call  upon  God 
who  will  be  my  judg-e  to  witness  that  I  choose  the 
person  whom  before  God  I  judg-e  oug*ht  to  be  elected, 
and  that  I  will  do  the  same  in  the  accession."  The 
ballot  is  prepared  thus:  Each  cardinal  writes  the 
name  of  his  candidate  on  a  specially  arranged  ballot 
or  ticket  using*  the  words:     "I  choose  for  Supreme 

Pontiff  the  Most  Reverend ."     He  then  affixes 

his  own  name  in  a  specified  part  of  the  ballot.  This 
ticket  is  then  folded  so  that  the  name  of  the  candi- 
date may  be  read  at  the  first  unfolding-,  but  not  the 
name  of  the  cardinal  who  cast  the  ballot  until  it  is 
opened  out  in  full.  After  the  ballot  has  been  sealed 
by  the  voter  with  his  own  seal,  it  is  deposited  by  him 
in  the  vase  on  the  altar.  The  three  tellers  mean- 
while stand  by  the  altar  and  superintend  the  voting-. 
When  all  the  cardinals  have  voted,  the  tellers  at 
once  beg-in  to  announce  the  votes  in  this  manner: 
The  first  teller  takes  one  of  the  ballots  out  of  the 


VOTING   IN   CONCIvAVE.  73 

vase  and,  partly  unfolding-  it,  simply  looks  at  or 
ascertains  the  name  of  the  candidate  voted  for;  he 
then  hands  the  ballot  to  the  next  teller  who  having* 
looked  at  the  name,  passes  it  to  the  third  and  he 
audibly  announces  the  name  to  the  cardinals. 

78.  When  all  the  ballots  have  been  counted  by  the 
tellers  and  it  is  found  that  no  candidate  has  received 
two-thirds  of  all  the  votes  cast,  then  what  is  called 
the  accession  may  beg-in.  The  accession  consists  in 
this,  that  the  cardinals  by  balloting-  as  before  may, 
if  they  wish,  g-o  over  to  one  of  the  candidates  who 
has  received  at  least  one  vote  in  the  previous  ballot- 
ing-. All  are  oblig-ed  to  vote,  thoug-h  they  are  free 
to  g-o  over  to  some  candidate  or  to  stand  by  their 
previous  choice.  A  cardinal  who  wishes  to  chang-e 
his  vote  writes  on  his  second  ballot :     "I  go  over  to 

;"  but  one  who  wishes  to  stand  by  his  previous 

choice  writes,  "I  g*o  over  to  no  one."  After 
all  have  voted  in  the  accession  the  tellers  first 
sort  the  ballots  in  such  a  way  that  they  place 
each  ballot  of  the  accession  alongside  the  ballot 
of  the  previous  vote  which  has  the  same  marks 
and  seal.  When  a  ballot  in  the  accession  shows  the 
same  marks  and  seal  as  a  ballot  in  the  previous  vote, 
and  the  candidate  voted  for  is  also  the  same,  then 
the  ballot  in  the  accession  is  not  counted;  for  a  car- 
dinal mig-ht  thus  vote  twice  for  the  same  candidate. 
But  if  the  marks  and  the  seal  on  the  ballot  of  the 
scrutinium  and  of  the  accession  are  the  same,  and  a 
different  name  is  found  on  the  ballot  of  the  accession, 
then  this  ballot  is  considered  valid  and  the  vote  is 
added  to  the  number  cast  in  the  previous  balloting-. 

When  all  the  ballots  have  been  compared  and  the 


74  THE   ROMAN   COURT. 

valid  votes  of  the  accession  allowed,  then  the  tellers 
count  all  the  votes  of  the  original  ballot  tog-ether 
with  the  added  votes  of  the  accession,  and  if  no  can- 
didate has  received  two-thirds  of  all  the  votes  cast, 
that  is,  those  of  the  scrutinium  and  the  accession, 
then  there  is  no  election.  If  some  one  of  the  cardi- 
nals has  received  just  the  two-thirds  of  all  the  votes, 
then  his  ballot  is  entirely  unfolded  so  that  also  the 
name  of  the  voter  as  well  as  that  of  the  one  voted 
for  is  apparent.  If  it  is  discovered  that  he  has  voted 
for  himself,  that  one  vote  is  invalid  and  therefore  he 
lacks  just  one  of  an  election.  It  is  then  declared 
that  as  yet  there  is  no  election.  All  the  ballots  are 
burned  forthwith,  and  the  cardinals  return  to  their 
cells,  where  they  remain  until  the  next  balloting* 
which  takes  place  about  two  o'clock  in  the  afternoon 
of  the  same  day. 

79.  During-  the  balloting-  it  may  happen  that  a 
certain  candidate,  who  is  objectionable  to  one  of  the 
great  Catholic  powers,  receives  such  a  larg-e  number 
of  votes  as  to  appear  likely  to  be  elected.  Those 
cardinals,  therefore,  who  are  charg-ed  with  protect- 
ing- the  interests  of  temporal  princes  anticipate  the 
accession  which  mig-ht  g-ive  the  requisite  number  of 
votes,  and  if  the  election  seems'  tending-  ag-ainst  the 
wishes  of  their  country  or  its  sovereign,  rise  to 
exclude  such  an  objectionable  candidate.  Any  such 
objection  or  pacific  removal,  as  it  is  styled,  must  be 
made  before  the  election  is  complete,  that  is,  before 
the  votes  have  been  cast.  The  g-overnments  of 
Austria,  Spain  and  France  claim  the  privileg-e  of 
each  excluding-  one  candidate  who  is  objectionable. 
Whence  this  privilege  originated   or  at  what  time  is 


OBJECTIONS   TO   CANDIDATES.  75 

unknown;  but  a  diligent  examination  fails  to  reveal 
any  trace  of  it  in  canon  law  or  in  any  concordat 
granted  by  the  Holy  See.  Many  writers  claim  that 
it  is  wholly  a  usurpation. 

An  instance,  however,  occurred  in  the  conclave  in 
which  Innocent  XIII.  was  elected  in  the  year  1721; 
for  when  the  name  of  Cardinal  Paolucci  was  pro- 
nounced by  those  who  were  announcing-  the  votes, 
and  it  was  noticed  that  he  received  a  great  number 
of  votes,  Cardinal  Althan,  minister  of  the  Emperor 
Charles  VI. ,  rose  up  and  in  his  master's  name  pro- 
nounced exclusion  ag-ainst  Paolucci.  Meanwhile 
the  tellers  continued  to  announce  the;  ballots  and 
three  votes  were  wanting  to  make  the  required  two- 
thirds  in  favor  of  Paolucci. 

Regarding-  which  incident  Ottieri  says:  "Most 
assuredly,  had  the  cardinal  received  the  required 
number  of  votes,  he  would  have  been  proclaimed, 
for  the  exclusions  pronounced  by  the  courts  of  Aus- 
tria, France  and  Spain,  are  admitted,  not  as*  a  defin- 
itive compact,  but  by  way  of  prudent  consideration, 
in  order  to  avoid  a  schism  in  the  Church  in  case  the 
princes  should  refuse  to  acknowledg-e  a  Pope  whose 
election  has  been  displeasing-  to  them." 

80.  Some  writers  assert  that  the  privilege  of 
exclusion  enjoyed  in  the  conclaves  by  the  three  courts 
of  Vienna,  Paris  and  Madrid,  took  its  rise  in  the 
Council  of  the  Lateran  held  by  Pope  Nicholas  II.,  in 
1059.  But  the  question  debated  in  this  council  was 
the  coronation  of  the  Sovereign  Pontiffs,  for  which 
the  emperor's  consent  may  have  been  necessary  at 
this  time,  and  not  their  election.  The  Popes  at  this 
time  had  temporal  power  and  needed    a  protector. 


76  THE   ROMAN   COURT. 

The  right  of  exclusion  which  we  have  just  seen  exer- 
cised in  the  name  of  Austria  against  Cardinal 
Paolocci,  dated  no  further  back  than  one  century. 
It  sprung-,  as  Ottieri  perfectly  expressed  it,  from  a 
kind  of  provident  connivance,  from  a  prudent  defer- 
ence which  would  not  have  the  Sovereign  Pontiif 
personally  disagreeable  to  the  great  Catholic  powers, 
for  the  Pope  is  pastor  and  father  of  them  all.  There 
have  been  nearly  thirty  schisms,  all  occasioned  and 
fomented  by  the  spirit  of  distrust  existing  between 
the  Pontiffs  and  the  secular  rulers.  It  is  proper 
then  to  have  some  regard  for  the  repugnances  of  cer- 
tain courts;  otherwise  the  peace  of  the  Church  is 
imperiled  and  the  Pontiff  is  deprived  of  the  respect 
and  friendship  of  the  most  powerful  princes.  Such 
were  the  reasons  advanced  in  the  year  1644  by  the 
learned  Cardinal  de  Lugo,  in  favor  of  maintaining 
the  exclusions.  The  conclave  of  1721  respected  these 
considerations,  and  as  Darras  says,  expressed  to 
Paolucci  its  deep  and  sincere  regret  and  elected  Car- 
dinal Conti  who  took  the  name  of  Innocent  III. 

A  later  instance  of  pacific  removal  took  place  dur- 
ing the  conclave  of  1831  which  elected  Cardinal 
Capellari,  known  as  Gregory  XVI.  Spain  filed  a 
formal  protest  or  exclusion  against  Cardinal  Guis- 
tiniani,  who  had  been  nuncio  at  Madrid,  and  while 
there  had,  it  seems,  opposed  the  plans  of  the  prime 
minister  in  certain  complicated  ecclesiastical  affairs. 
His  conduct  at  the  time  was  satisfactory  to  Ferdi- 
nand VII.  of  Spain  and  to  the  Holy  See;  but  this  did 
not  prevent  the  Spanish  court  from  instructing  its 
ambassador  to  protest  against  his  election  to  the 
papacy.     Hence  on   January   6,    1831,  the    twenty- 


OBJECTIONS   TO   CANDIDATES.  77 

second  day  of  the  conclave,  Cardinal  Marco-y-Cata- 
lan,  a  Spaniard,  received  the  following-  formal  note 
from  Labrador,  the  Spanish  ambassador  to  the  Holy 
See,  bearing-  date  December  24,  1830: 

"The  undersig-ned  Ambassador  Extraordinary  of 
his  Catholic  Majesty  to  the  Holy  See,  presents  his 
distinguished  reverence  to  his  Eminence  and  prays 
him  to  make  known  to  the  Sacred  Colleg-e  united  in 
conclave  that  he,  in  the  name  of  his  august  sover- 
eign, and  by  the  express  orders  of  his  Catholic 
Majesty,  g-ives  the  exclusion  to  the  Most  Eminent 
Cardinal  Giustiniani. 

Pedro  Gomez  Labrador." 

In  the  scrutinium  of  the  following-  morning-  Car- 
dinal Marco,  seeing-  that  there  were  twenty-one 
votes  recorded  for  Cardinal  Giustiniani,  sixteen  of 
scrutinium  and  five  of  accession,  and  that  four  more 
of  accession  would  suffice  for  his  election,  hastened 
to  communicate  the  exclusion  to  Cardinal  Pacca, 
dean  of  the  Sacred  Colleg-e.  The  cardinal-dean, 
having-  first  informed  Cardinal  Giustiniani  thereof, 
before  the  midday  scrutinium  read  out  the  note  of 
exclusion  to  the  assembled  cardinals.  The  conclave 
lasted  twenty-six  days  after  the  exclusion  of  Cardi- 
nal Giustiniani,  until  on  February  2,  after  fifty 
days  of  conclave  Greg-ory  XVI.  received  the  requisite 
number  of  votes. 

Whether  the  chang-ed  conditions  of  the  papacy, 
now  that  it  no  long-er  has  temporal  power,  will 
relieve  it  of  any  claim  on  the  part  of  these  powers 
to  interfere  in  the  conclave  by  way  of  pacific  exclu- 
sion, is  a  question  to  be  determined  by  the  conclave 
itself.     Since  there  is  no  law  or  agreement  on  which 


78  THE   ROMAN   COURT. 

the  claim  of  these  three  courts  is  founded,  the  Col- 
lege of  Cardinals  need  not  respect  any  such  pre- 
tended privilege.  If,  on  the  other  hand,  as  a  matter 
of  prudence  or  good  policy  it  wishes  to  accept  the 
objection  of  these  powers  against  a  candidate,  there 
is  nothing-  to  prohibit  the  cardinal-electors  from 
dropping  that  candidate  and  voting  for  some  one 
else  who  is  generally  unobjectionable. 

81.  If  no  choice  is  made  at  the  morning  session, 
another  is  held  in  the  afternoon,  and  thereafter  twice 
a  day  until  a  Sovereign  Pontiff  has  been  canonically 
elected.  Meanwhile  in  all  the  churches  of  Rome, 
and  throughout  the  world,  special  prayers  are 
offered  that  a  proper  choice  may  be  made.  As  soon 
as  the  tellers  find  that  some  candidate  has  received 
two-thirds  of  the  votes,  his' name  is  declared.  The 
junior  cardinal-deacon  then  rings  a  bell,  and  the 
master  of  ceremonies  and  the  secretary  of  the  Sacred 
College  enter  the  chapel.  If,  as  is  now  usually  the 
case,  the  newly-elected  Pope  is  one  of  the  cardinals, 
the  cardinal-dean  with  two  others,  advances  before 
the  elected  cardinal  and  asks  him  if  he  accepts  the 
papacy.  When  he  consents,  all  the  baldichinos  over 
the  seats  of  the  cardinals  are  taken  down,  except 
that  of  the  new  Pontiff,  and  the  cardinals  on  either 
side  of  him  leave  their  places.  The  cardinal-dean 
then  asks  the  Pontiff  what  name  he  intends  to  take, 
and  of  his  choice  and  the  other  events  the  secretary 
makes  proper  record.  Two  cardinal-deacons  then 
conduct  the  Pontiff  behind  the  high  altar  where  he 
puts  on  the  pontifical  vestments.  He  is  then  placed 
before  the  high  altar,  where  seated  in  the  chair  of 
state  he  receives  the  salutation  of  all  the  cardinals. 


THE   NEW  PONTIFF.  79 

They  each  kiss  his  foot,  his  hand  and  his  mouth. 
The  cardinal-camerleng-o  places  on  his  finger  the 
ring-  of  the  fisherman,  which  the  Pontiff  then  g-ives 
to  the  master  of  cermonies  to  have  his  name  engraved 
on  it.  Then  the  first  cardinal-deacon,  preceded  by 
musicians  and  the  choir  singing-  Ecce  Sacerdos 
Magnus,  g-oes  to  the  balcony  over  the  entrance  to 
the  palace  to  declare  to  the  people  the  election  of  the 
Pontiff.  "I  announce  to  you  a  great  joy.  We  have 
as  Pope  the  Most  Eminent  and  Most  Reverend 
(mentioning-  the  Christian  name  and  the  title)  Car- 
dinal of  the  Holy  Roman   Church  (then  he  mentions 

his  sirname)  who  has  taken  the  name  of ." 

At  this  announcement  the  crowds  utter  shouts  of 
joy,  the  castle  of  San  Ang-elo  fires  its  g-uns  and  the 
bells  of  the  city  are  rung*.  Ordinarily,  the  Pontiff 
is  broug-ht  to  St.  Peter's,  where  seated  before  the 
high  altar,  he  again  receives  the  homag-e  of  the  car- 
dinals. After  this  the  Te  Deum  is  solemnly  sung", 
and  while  its  echoes  are  still  resounding-  in  the  glo- 
rious cupola  and  ascending-  to  the  throne  of  God, 
the  Pope  is  carried  back  to  the  Vatican  palace  and 
the  memorable  ceremonies  of  the  papal  election  are 
ended. 


PART    SECOND 


The   Roman    Congregations  and    Tribunals. 


CHAPTER  I. 

the  sacred  consistory  and  its  auxiliary 
congregations:  the  consistorial  congrega- 
tion; THE  CONGREGATION  FOR  CHOOSING 
BISHOPS;  THE  CONGREGATION  FOR  EXTRAORDI- 
NARY  ECCLESIASTICAL   AFFAIRS. 

82.  The  primacy  of  the  Roman  Pontiff  entails 
immense  labor,  because  from  every  part  of  the  world 
questions  are  referred  to  him  for  settlement.  As  he 
is  the  supreme  pastor,  legislator  and  judge,  it  is 
necessary  that  these  questions,  whether  of  justice  or 
of  favor,  should  be  thoroughly  examined  and  satis- 
factorily adjusted;  for  against  a  papal  decision  there 
is  no  appeal.  For  this  purpose  various  Congrega- 
tions and  Tribunals  have  been  established  in  Rome, 


THE   SACRED   CONSISTORY.  81 

to  the  study  of  which   we  shall  devote  this  second 
part  of  our  treatise. 

83.  First  among-  all  the  assemblies  for  the  trans- 
action of  business  in  the  Roman  Court  is  the  con- 
sistory. Consistory  in  a  general  sense  means  any 
assemblage  or  congregation  of  men  gathered  together 
for  public  affairs.  But  when  we  speak  of  the  Sacred 
Consistory  of  the  Roman  Pontiff  we  mean  that 
solemn  assembly  or  congregation  which  is  made  up 
of  the  Pope  and  the  College  of  Cardinals  gathered 
together  as  a  senate  in  the  apostolic  palace.  In 
olden  times  the  Consistory  was  the  only  congregation 
and  tribunal  in  the  Roman  Court;  and  in  it  the 
Roman  Pontiffs  used  to  decide  all  causes  which  are 
now  examined  and  decided  by  the  various  Congrega- 
tions of  Cardinals.  Hence,  too,  it  met  nearly  every 
day,  and  with  its  other  work,  heard  also  contentious 
causes.  But  later,  because  of  the  mass  of  business, 
many  cases  were  assigned  to  various  committees  and 
officials,  and  a  number  of  permanent  congregations 
and  tribunals  were  instituted.  Thus  it  was  brought 
about  that  only  certain  kinds  of  important  business 
were  reserved  for  the  Consistory  itself. 

84.  The  origin  and  antiquity  of  the  Consistory  may 
be  traced  back  to  the  very  beginning  of  the  Roman 
Church.  Hence  in  the  Roman  Ceremonial  we  read : 
"The  senate  of  the  Roman  Church  was  instituted 
by  Peter  through  divine  inspiration,  that  with  it  he 
might  determine  all  difficult  affairs  in  the  Church." 
Catalanus  says  the  clergy  and  especially  the  priests 
were  called  the  ' 'Senate  of  the  Church. "  St.  Jerome 
makes  frequent  mention  of  this  senate  or  gathering 
of  priests,  and  St.  Ignatius  calls  it  a  sacred  gather- 


82  THE   ROMAN   COURT. 

ing-,  a  council,  the  assessors  of  the  bishop.  Like- 
wise St.  Cyprian  says  that  it  was  a  most  ancient 
custom  of  the  Church  that  the  bishop  should  do 
nothing"  without  the  meeting-  and  advice  of  his  clergy. 
According-  to  this  custom,  we  find  Pope  Siricius  in 
the  year  384  in  a  synod  of  his  priests  and  deacons, 
which  he  calls  his  presbytery,  condemning-  Jovinian 
and  his  heresy.  Later  we  find  Pope  Felix  III.  in 
his  fourth  letter,  written  about  the  year  485,  depos- 
ing- Peter  Cnapeus,  the  pseudo-bishop  of  Antioch, 
and  promulg-ating-  his  deposition  in  these  words : 
■ 'Let  this  your  deposition  be  firm,  pronounced  by  me 
and  those  who  with  me  rule  the  Apostolic  Throne." 
Prom  this  it  is  evident  that  the  Roman  priests  and 
deacons,  tog-ether  with  the  bishops  who  happened  to 
be  in  Rome,  were  present  at  the  councils  of  the 
Pontiff  and  tog-ether  w7ith  him  decided  all  causes 
which  were  referred  from  every  part  of  the  world  to 
this  primary  and  principal  Church.  This  too  was 
the  rule  of  all  metropolitan  and  cathedral  churches; 
all  causes,  temporal  and  spiritual,  being-  decided  by 
the' bishop  on  the  advice  and  judg-ment  of  his  priests 
and  deacons.  The  great  antiquity  and  dig-nity  of 
cathedral  chapters  is  herein  manifest,  and  so  also  is 
the  practice  of  the  Supreme  Pontiff  of  holding-  meet- 
ings with  his  presbytery  or  senate  and  with  it  decid- 
ing- the  important  affairs  of  the  Church  throug-hout 
the  world. 

85.  At  the  present  time  a  Consistory  is  either  ordi- 
nary and  secret  or  solemn  and  public.  In  the  solemn 
and  public,  which  is  also  called  an  extraordinary. 
Consistory,  very  little  actual  business  is  transacted. 
It    is    rather    a    ceremonial    affair.     During-    it  the 


THE   SACRED   CONSISTORY.  83 

reception  of  king's  and  princes  or  their  ambassadors 
takes  place;  the  red  hat  is  given  to  newly-created 
cardinals;  a  legate  a  latere  is  solemnly  received  on 
his  return  from  his  mission. 

The  ceremonies  of  the  papal  Court  are  most  elab- 
orate and  to  a  public  Consistory  are  gathered  not 
only  the  cardinals  but  also  prelates  and  princes  in 
large  numbers,  so  that  an  ordinary  spectator  feels 
lost  in  wonder  and  admiration  of  the  quiet  dignity 
and  venerable  appearance  of  what  is  undoubtedly 
the  most  august  assembly  in  the  world.  Public 
Consistories  are  called  at  the  will  of  the  Pontiff  and 
in  our  times  are  celebrated  but  once  or  twice  a  year. 

What  may  be  termed  a  semi-public  Consistory  is 
held  when  the  canonization  of  a  saint  is  in  progress. 
To  it  all  the  bishops  and  archbishops,  titular  and 
residential,  who  may  be  in  Rome  at  that  time  are 
admitted.  They  may  also  vote.  Such  a  Consistory 
takes  on  the  appearance  of  a  general  council  and  in 
a  manner  represents  the  universal  Church. 

86.  The  ordinary  or  secret  Consistories,  according 
to  present  custom  are  held  twice  a  month,  and  the 
usual  time  is  Monday  forenoon;  though  the  day  and 
hour  of  meeting  as  well  as  the  Consistory  itself 
depends  entirely  on  the  Sovereign  Pontiff.  Notice  is 
given  the  cardinals  of  the  Court  the  day  before  the 
Consistory.  At  the  proper  time  they  proceed  sol- 
emnly and  in  regal  state  to  the  appointed  place, 
where  vested  in  cappa  magna,  rochet  and  biretum 
they  sit  on  wooden  benches  awaiting  the  Pontiff. 
When  he  arrives,  dressed  in  ordinary  cassock,  rochet, 
mozzeta  and  pontifical  biretum,  he  takes  his  accus- 
tomed seat,  which  is  somewhat  elevated  and  covered 


84  THE    ROMAN   COURT. 

with  a  baldachino,  and,  the  doors  being-  still  open  so 
that  access  is  given  to  nobles,  prelates  and  other 
qualified  persons,  he  gives  private  auricular  audi- 
ence to  each  cardinal  who  may  wish  to  speak  with 
him  concerning  business  in  the  settlement  of  which 
he  is  interested,  or  concerning*  favors  which  he 
wishes  for  himself  or  friends.  In  this  function  is 
the  majesty  of  the  Pope  especially  recognized;  for, 
although  the  cardinals  sit  in  the  presence  of  the 
Pope  having  their  head  covered  with  the  cardinal's 
biretum,  nevertheless  when  any  of  them  thus  pub- 
licly speaks  to  the  Pope,  he  stands  before  him  with 
head  uncovered  and  with  great  attention  and  rever- 
ence, even  though  he  be  the  son  of  a  king,  or  a  car- 
dinal of  great  power  and  worth. 

This  private  audience  being  ended,  all  but  the  car- 
dinals are  excluded  from  the  hall  and  the  business  of 
the  Consistory  is  begun.  In  an  adjoining  room  the 
secretary  and  national  cleric  of  the  Sacred  College 
with  the  various  assistants  remain  so  that  they  may 
be  at  hand  when  wanted;  but  they  nevertheless  are 
excluded  from  hearing  the  secrets  of  the  Consistory. 
The  Pope  lays  various  matters  before  the  cardinals 
and  asks  the  vote  or  opinion  of  each  of  them. 
Decrees  are  made,  and  the  cardinal-vice-chancellor, 
who  acts  as  notary  or  secretary  to  the  Pope  and  the 
Consistory,  records  them.  From  this  it  will  be 
noticed  that  although  there  is  a  prelate  who  has  the 
name  of  official  secretary  of  the  Sacred  College,  still 
his  office  is  rather  a  private  one  and  he  is  not  the 
secretary  of  the  consistorial  acts. 

87.  The  matters  usually  treated  in  secret  Con- 
sistory are:     Promotions  to  the  cardinalate;  promo- 


THE   SACRED  CONSISTORY.  85 

tions  to  metropolitan,  cathedral  and  other  important 
churches;  the  transfer  of  bishops  from  one  see  to 
another;  the  appointment  of  coadjutor-bishops,  with 
or  without  the  rig-ht  of  succession;  the  creation, 
union  or  dismemberment  of  dioceses;  the  granting-  of 
the  pallium;  and  g-enerally  important  ecclesiastical 
aifairs  which  are  to  be  adjusted  with  kings  or 
princes,  unless  the  Supreme  Pontiff  judg-es  it  better 
not  to  make  mention  of  them  to  the  Consistory. 

In  secret  Consistory  the  Pontiffs  are  also  accus- 
tomed to  address  the  Sacred  Colleg-e  on  the  general 
condition  of  the  Church,  or  on  some  storm  which  has 
arisen  ag-ainst  it  in  a  certain  part  of  the  world.  At 
times  also  they  point  out  errors  and  dangerous  doc- 
trines, separating-  what  they  approve  from  what 
they  reject  and  condemn.  Such  allocutions  are 
g-iven  with  the  intention  of  having-  them  published 
throug-hout  the  world,  to  the  end  that  bishops, 
priests  and  people  may  be  warned  ag-ainst  the  efforts 
of  irreligious  men,  and  ag*ainst  the  latent  dang-er  of 
pernicious  doctrines;  to  the  end  also  that  Christian 
people  may  be  shown  the  path  which  they  can  safely 
follow  in  the  peculiar  circumstances  whereby  they 
find  themselves  surrounded. 

88.  The  Consistory  no  long-er  has  the  appearance 
of  a  court  where  contentious  matters  are  tried;  for 
all  such  matters  are  referred  to  certain  cong-reg-a- 
tions  or  committees  whose  duty  it  is  to  thoroug-hly 
examine  and  practically  determine  the  decision  which 
oug-ht  to  be  rendered,  and  then  report  to  the  Supreme 
Pontiff  before  the  matter  is  broug-ht  up  in  Consistory. 

There  are  several  congreg-ations  instituted  for  this 
purpose,  which  may  therefore  be  called  preparatory 


86  THE    ROMAN   COURT. 

and  auxiliary  to  the  Consistory  itself.  Chief  among- 
them  is  the.  Consistoriae  Congregation,  which 
was  establishd  by  Pope  Sixtus  V.  in  January,  1588. 
It  is  composed  of  cardinals,  eig-ht  to  twelve  in  num- 
ber, and  the  Pope  himself  is  its  prefect.  The  secre- 
tary is  one  of  the  Roman  prelates,  the  same  who  is 
secretary  to  the  College  of  Cardinals.  His  tenure  of 
office  is  not  for  life,  but  he  must  be  re-appointed  or 
confirmed  by  the  cardinals  each  year.  The  secre- 
tary has  a  substitute  who  is  also  the  minutante  of 
the  Congregation.  An  archivist  and  a  scrittore  are 
the  other  officials. 

The  work  which  Sixtus  V.  assig-ned  to  the  Con- 
sistorial  Congreg-ation  is :  1°  To  examine  the  rea- 
sons for  establishing-  new  churches  of  patriarchal, 
metropolitan  and  cathedral  rank  and  to  inquire  con- 
cerning- their  endowment,  chapter,  clergy  and  peo- 
ple; and  further  to  examine-all  the  difficulties  inci- 
dent to  the  proposed  chang-es  and  all  controversies 
between  the  newly-established  churches  and  those 
by  whom  they  are  surrounded;  2°  To  examine  the 
reasons  for  union,  dismemberment,  cession,  change, 
translation,  assignment  of  pension  in  the  revenues  of 
churches,  dioceses  and  monasteries;  3°  To  examine 
causes  concerning-  nominations  and  the  confirmation 
of  those  elected  or  postulated  for  churches;  4°  To 
examine  causes  concerning-  plurality  of  monasteries 
and  incompatible  dig-nities;  5°  To  examine  causes 
concerning-  the  assig-nment  of  suffrag-ans  and  the 
appointment  of  coadjutors  with  or  without  the  rig-ht 
of  succession. 

Questions  such  as  these  not  unfrequently  are  con- 
tested, and  the  opposing-  parties  may  be  heard  before 


FOR    CHOOSING    BISHOPS.  87 

the  Consistorial  Congregation  but  not  in  the  Consis- 
tory itself,  whence  all  form  of  contest  has  been 
eliminated.  But  not  only  in  contentious  affairs  but 
also  in  others  which  are  treated  extra- judiciously 
and  in  a  summary  way  does  this  Congregation  pre- 
pare the  matter  to  be  laid  before  the  Consistory. 
Thus  also  it  examines  the  process  which  is  prepared 
when  bishops  and  abbots  are  to  be  appointed  in 
Consistory,  and  makes  a  summary  of  the  whole  mat- 
ter which  is  printed  and  handed  to  the  cardinals 
before  the  meeting-.  The  office  of  the  Consistorial 
Congreg-ation  is  in  the  Palazzo  della  Cancelleria 
Apostolica. 

89.  Pope  Benedict  XIV.  on  the  seventeenth  of 
October,  1740,  established  a  special  Congregation 
composed  of  five  cardinals,  whose  office  was  to  inquire 
and  sug-g-est  persons  who  mig-ht  properly  and  use- 
fully be  promoted  to  episcopal  or  archiepiscopal  sees; 
to  help  the  Pontiff  by  their  advice  so  that  when  a 
vacancy  occurred  he  could  know  and  promote  the 
more  worthy;  to  examine  the  causes  for  proposed 
transfers  of  bishops,  and  in  a  word  to  offer  what 
advice  they  thoug-ht  proper  regarding-  the  selection 
of  bishops.  The  auditor  of  the  Apostolic  Chancery 
was  made  secretary  of  this  Congregation  for 
choosing  bishops.  Soon,  however,  it  was  merg-ed 
into  the  Consistorial  Congreg-ation  so  that  when  an 
informative  process  regarding-  promotion  to  vacant 
sees  was  to  be  prepared,  the  whole  matter  was 
arranged  by  the  Consistorial  Congreg-ation  tog-ether 
with  the  auditor  of  the  pontifical  chancery.  The 
reason  of  this  chang-e  was  the  many  difficulties  which 
were   thrown  in  the  way  of  the  Congreg-ation  for 


88  THE   ROMAN   COURT. 

Choosing-  Bishops,  as  it  was  called.  In  fact  the< 
cardinal-protectors  of  different  kingdoms  who  were 
accustomed  to  propose  in  Consistory  the  bishops  of 
their  respective  countries,  rose  up  and  protested 
against  the  new  Congregation.  Thus  the  duty  of 
gathering-  for  the  Consistorial  Congreg-ation  and  the 
Sovereign  Pontiff  the  necessary  information  regard- 
ing- the  candidates  and  the  vacant  churches  was 
transferred  to  the  apostolic  nuncios. 

90.  But  Pope  Leo  XIII.  restored  this  Congrega- 
tion at  least  as  reg-ards  Italy,  and  nominated  for  it 
five  cardinals  with  his  auditor  as  its  secretary  and 
two  other  officials  as  assistants.  He  imposed  upon 
them  the  oblig-ation  of  strict  secrecy  and  approved 
practical  regulations  for  g-athering-  the  necessary 
information  reg-arding-  the  character  and  qualities 
of  various  persons  sugg-ested  or  thought  fit  for  pro- 
motion to  the  episcopate..  This  information  is  gath- 
ered even  before  a  choice  is  made  by  the  Sovereign 
Pontiff  and  in  this  respect  the  present  Congregation 
for  Choosing*  Bishops  differs  from  the  Congreg-ation 
for  the  Examination  of  Bishops.  This  latter  was 
established  by  Pope  Clement  VIII. ;  but  because  of 
difficulties  has  now  practically  ceased  to  exist,  even 
though  theoretically  and  canonically  it  remains  in 
full  vigor. 

91.  The  Council  of  Trent  and  the  canons  among- 
other  qualities  require  competent  knowledge  in  one 
who  is  to  be  made  a  bishop.  Hence,  according  to  the 
Fathers  of  Trent,  the  simple  owning-  a  degree  of 
doctor  or  licentiate  in  theology  or  in  canon  law  is  not 
deemed  sufficient,  but  it  is  required  that  the  one  to 
be  promoted  to  the  episcopate  shall  have  obtained 


EXTRAORDINARY   AFFAIRS.  89 

this  degree  meritoriously  as  the  result  of  work  and 
examination.  Following-  this  canonical  regulation, 
Pope  Clement  VIII.  established  for  Italy  and  the 
adjacent  islands  a  special  Cong-reg-ation  whose  duty 
it  should  be  to  examine  a  person  chosen  for  bishop 
and  find  out  his  knowledg-e  of  theology  and  canon 
law.  This  Congreg-ation  was  composed  of  one  or 
more  cardinals  and  examiners  in  theology  and  of 
other  cardinals  and  examiners  in  canon  law.  It  had 
also  a  secretary  chosen  from  the  prelates  of  the 
Court.  Practically,  however,  as  was  said  above, 
the  Congreg-ation  for  the  Examination  of  Bishops 
has  ceased  its  work,  but,  as  Santi  says,  its  place  is 
well  filled  by  the  re-org-anized  Congreg-ation  for  the 
Choosing-  of  Bishops. 

92.  There  is  still  another  Congreg-ation  which  may 
be  called  auxiliary  to  the  Consistory.  This  is  the 
Congregation  for  Extraordinary  Ecclesias- 
tical Affairs.  It  is  a  development  from  the 
various  particular  Congreg-ations  or  Committees 
which  were  appointed  by  the  Sovereign  Pontiff  to 
consider  and  report  on  certain  matters  which  it  was 
not  advisable  to  treat  in  Consistory,  but  concerning- 
which  it  was  nevertheless  prudent  to  make  inquiries 
and  obtain  special  information.  Similar  Congrega- 
tions or  Committees  even  in  our  day  are  appointed 
to  consider  and  report  to  the  Sovereign  Potftiff  on 
special  questions;  but  the  cardinals  thus  specially 
appointed  are  usually  selected  from  those  who  belong- 
to  the  Congreg-ation  on  Extraordinary  Ecclesiastical 
Affairs. 

The  orig-in  of  this  Congreg-ation  may  be  traced 
back    to     the    particular     committee    which     Pope 


90  THE   ROMAN   COURT. 

Pius  VI.  in  the  year  1793  instituted  Concerning 
the  Affairs  of  the  French  Kingdom.  Pope 
Pius  VII.  shortly  after  he  ascended  the  throne 
ordered  that  this  Congregation  should  have  charge 
also  of  extraordinary  ecclesiastical  affairs  in  other 
kingdoms  and  gave  it  the  more  general  name  by 
which  it  is  now  known.  The  Congregation  lasted 
until  the  year  1809  at  which  time  the  Sovereign  Pon- 
tiff was  dragged  away  from  Rome.  While  he  was  a 
prisoner  it  became  extinct,  but  after  his  happy 
return  in  1814  it  was  re-established.  And  indeed  at 
that  time  it  was  most  necessary;  for  the  disturbed 
condition  of  all  Europe  had  so  affected  ecclesiastical 
affairs  that  many  important  and  intricate  points  had 
to  be  settled  at  once  and  the  ordinary  Congregations 
were  too  slow  to  meet  the  emergency. 

The  Congregation  as  arranged  by  Pope  Leo  XIII. 
consists  of  fourteen  cardinals  with  a  secretary  and 
eight  consultors.  The  secretary,  as  was  specially 
declared  by  Pius  VII.,  has  a  vote  as  well  as  the  car- 
dinals. The  Cardinal-secretary  of  State  is  always  a 
member  of  this  Congregation,  and  so  intimately  is 
the  business  of  the  Congregation  connected  with  the 
business  of  the  Secretary  of  State  that  the  offices  of 
the  Congregation  adjoin  the  offices  of  the  Secre- 
tary in  the  Vatican  palace.  There  are  five  officials 
employed  in  the  secretariate  of  the  Congregation, 
besides  scrittori  or  copyists. '  To  obtain  an  appoint- 
ment as  an  official  when  a  vacancy  occurs,  it  is 
necessary  for  the  applicant  to  showT  diplomas  cer- 
tifying to  university  degrees  obtained  through  exam- 
ination in  theology  and  canon  law.  When  appointed 
the  official  receives  the  sum  of  thirty  dollars  a  month, 


EXTRAORDINARY   AFFAIRS.  91 

and  is  required  to  be  at  his  desk  between  the  hours 
of  10  a.  m.  and  4  p.  m.  The  scrittori  or  copyists, 
whose  work  is  merely  clerical,  in  many  cases  receive 
three  times  the  salary  of  the  officials.  Surely  this 
arrangement  seems  anomalous,  and  the  salary  of  the 
officials  meagre  indeed. 

93.  The  competency  of  the  Congregation  is  not 
limited  to  a  certain  kind  of  business  but  affairs  of 
any  kind  which  can  be  treated  in  this  way  better 
than  in  the  ordinary  Congregations  are  assigned  to 
it.  Especially  all  matters  pertaining-  to  concordats 
and  other  relations  of  the  Holy  See  with  the  various 
governments  of  the  world  are  committed  to  this  Con- 
gregation on  Extraordinary  Affairs. 

All  members  of  the  Congreg-ation  are  bound  to 
secrecy  by  oath  and  the  sanction  of  most  severe  pun- 
ishment. Meeting's  are  held,  not  on  specified  days, 
but  whenever  called,  sometimes  before  the  Sovereig-n 
Pontiff,  at  other  times  in  the  office  of  the  Secretary 
of  State.  At  these  meeting-s  of  the  cardinals,  the 
secretary,  who  is  a  prelate,  is  present  and  votes;  but 
the  consultors  are  not  admitted. 

The  duty  of  the  consultors  is  to  prepare,  each  of 
them,  a  written  opinion  on  the  matter  in  hand,  which 
opinions  are  presented  to  the  meeting-  or  to  the 
Supreme  Pontiff  as  the  case  requires,  by  the  secre- 
tary of  the  Congreg-ation. 

94.  Such  a  Congreg-ation  is  of  great  utility  in  the 
spiritual  g-overnment  of  the  Church,  for  it  points  out 
and  explains  to  the  Sovereig-n  Pontiff  the  way  and 
the  means  of  treating-,  according-  to  the  dictates  of 
truth  and  prudence,  the  more  important  affairs  which 
may  arise.     It  also  affords  the  Sovereig-n  Pontiff  a 


92  THE   ROMAN   COURT. 

convenient  method  of  following-  out  a  certain  prede- 
termined line  of  action  in  state  affairs  without  the 
annoyance  of  delay.  Hence  Pope  Pius  IX.  used  to 
call  this  Congregation  his  ' 'right  hand." 

Furthermore  this  Congregation  on  Extraordinary 
Affairs  treats  all  the  church  business  of  the  countries 
subject  to  the  Russian  Empire;  and  it  also  exclu- 
sively attends  to  the  business  of  the  countries  of 
South  America,  in  the  same  way  as  the  Congre- 
gation of  the  Propaganda  attends  to  the  affairs  of 
North  America.  Hence  among  other  duties  it  grants 
all  faculties  and  indults  that  may  be  required  in  the 
ecclesiastical  affairs  of  these  countries,  and  examines 
into  the  merit  of  those  proposed  for  episcopal  or 
archiepiscopal  sees  situated  therein. 


CHAPTER  II. 

THE    CONGREGATION    OE    THE   HOLY    OEEICE   OR    OF 
UNIVERSAL   INQUISITION. 

95.  Chief  among-  all  the  Roman  Congregations  is 
that  of  the  Supreme  and  Universal  Inquisition.  It 
is  also  called  the  Holy  Office,  for  the  reason,  that,  as 
heresy  is  designated  the  crime  of  rebellion  ag-ainst 
God  and  a  most  pernicious  dang-er  to  Christian 
society,  to  seek  out  heretics  and  labor  for  their  con- 
version and  thus  preserve  nations  in  the  faith  and 
protect  them  from  internal  contention  has  justly  been 
considered  a  holy  office.  The  Sacred  Congreg-ation 
of  Universal  Inquisition  should  not  be  confounded 
with  the  tribunal  of  the  Inquisition.  For  the  former 
was  established  by  Pope  Paul  III.  in  1542,  whereas 
the  latter  is  nearly  400  years  older  and  owes  its 
beginning"  to  the  Eleventh  Ecumenical  Council  held 
at  the  Lateran  in  the  year  1179.  So  much  that  is 
false  or  perverted  is  found,  especially  in  English 
works,  concerning"  the  Inquisition,  that  we  may  be 
pardoned  for  inserting"  an  extensive  review  of  it,  for 
many  points  of  which  we  are  indebted  to  Alzog", 
Balmes,  Bouix  and  Hefele. 

96.  Innocent  III.,  because  he  ordered  heretics  to 
be  looked  after  in  southern  Prance,  and  to  be  either 
instructed  and  broug-ht  back  to  the  Church,  or  if 
obstinate,  prevented  from  doing"  harm  by  consigning" 
them  to  perpetual  imprisonment,   has  been  generally 

93 


94  THE    ROMAN   COURT. 

credited  as  the  author  of  the  Inquisition.  But  pre- 
viously to  his  time,  the  Eleventh  Ecumenical  or 
Third  Council  of  the  Lateran,  held  in  1179,  had 
published  a  decree  declaring*  that,  "though  the 
Church  thirsts  not  for  blood,  a  fear  of  corporal  pun- 
ishment is  nevertheless  frequently  salutary  to  the 
soul  of  man,  and  that  therefore  such  heretics  and 
their  abettors  as  would  not  be  content  to  act  silently 
and  in  private,  but  boldly  insisted  on  -preaching"  their 
errors  fablicly,  thus  perverting  weak  and  silly  peo- 
ple and  inflicting-  cruelties  upon  the  faithful,  sparing- 
neither  churches,  widows,  nor  orphans,  should  be 
denied  all  intercourse  with  the  orthodox  and  that  an 
indulg-ence  of  two  years  should  be  granted  to  those 
who  would  wag-e  war  ag-ainst  them." 

The  Council  of  Verona,  in  1184,  presided  over  by 
Pope  Lucius  III.  and  at  which  Emperor  Frederick  I. 
was  present  took  measures  to  comply  with  this 
decree.  Such,  according-  to  Alzog-,  was  the  true 
origin  of  the  Inquisition.  It  was  not  till  much  later, 
when  heretical  fanaticism,  spurning-  all  overtures  of 
the  Holy  See,  and  exciting-  public  indig-nation  by  the 
cruel  assassination  of  Peter  of  Castelneau,  that  Pope 
Innocent  III.  resolved  upon  vig-orous  measures  for 
its  suppression;  not,  as  has  been  asserted,  to  g-ive 
a  sanction  to  tyrannous  and  arbitrary  measures,  but 
in  some  sort  unwilling-ly,  fearing-  in  his  paternal 
solicitude  that  the  g-ood  grain  mig-ht  be  plucked  up 
with  the  tares,  that  some  mig-ht  manifest  a  stubborn 
spirit,  and  the  weak  be  driven  into  heresy.  The 
Twelfth  Ecumenical  or  Fourth  Council  of  Lateran, 
in  1215,  laid  down  instructions  for  inquisitors,  among- 
which  we  find:   "The  accused  shall  be  informed  of 


TRIBUNAL   OF   INQUISITION.  95 

the  charges  preferred  against  him,  that  an  opportu- 
nity may  be  given  him  of  defending-  himself.  His 
accusers  shall  be  made  known  to  him,  and  he  him- 
self shall  have  a  hearing  before  his  judges."  In  the 
Council  of  Toulouse,  held  in  1229,  during  the  ponti- 
ficate of  Gregory  IX.  the  Episcopal  Inquisition  was 
formally  established  and  received  definite  organiza- 
tion. Its  courts  were  raised  to  the  dignity  of  regu- 
lar tribunals,  the  methods  and  duties  of  which  were 
laid  down  in  an  instrument  embracing  fifteen  chap- 
ters. Lest  bishops  might  be  tempted  to  spare  their 
friends,  Gregory  IX.  in  1252,  sent  foreign  monks, 
chiefly  Dominicans,  to  perform  the  duties  of  inquisi- 
tors. 

97.  The  Inquisition  thus  established  was  no  longer 
as  formerly  a  local  tribunal,  but  one  having  general 
jurisdiction.  The  heretics  against  whom  it  was 
established  were  equally  dangerous  to  Church  and 
State.  The  consequences  of  the  teaching  of  the 
Cathari,  Waldenses  and  Albigenses  reached  out 
until  they  embraced  all  the  relations  of  political, 
social  and  commercial  life,  and  were  subversive  of 
them  all.  For  they  declared  marriage  fornication, 
thus  sundering  the  most  sacred  of  social  bonds  and 
sloping  the  way  to  the  most  revolting  immortality;  / 
they  set  fire  to  churches  built  by  the  generous  devo- 
tion of  the  faithful  and  endeared  to  them  by  a  hun- 
dred ties;  they  sought  out  and  destroyed  objects  of 
Christian  worship  which  every  Catholic  regarded 
with  feelings  of  love  and  reverence.  It  would  have 
required  a  heroic  exercise  of  patience  in  Catholics  of 
any  age  to  remain  indifferent  or  peaceful  spectators 
of  such  outrages,  and  patient  endurance  was  not  a 


96  THE   ROMAN   COURT. 

characteristic  of  those  sturdy  and  uncompromising- 
ag-esof  faith.  It  is  doubtful  if  in  our  own  day  sec- 
taries as  dang-erous  and  malignant  as  the  Albig-enses 
and  Cathari  would  be  treated  more  leniently.  Hence 
their  treatment  is  not  surprising-  in  times  when 
Church  and  State  were  so  intimately  united  and  when 
heresy  was  associated  in  the  public  mind  as  a  crime 
equally  offensive  and  dang-erous  to  both,  and 
apostasy  from  the  faith  an  evil  more  heinous  and  not 
less  menacing-  to  social  order  than  larceny  and  mur- 
der. Therefore,  once  a  person  indicted  for  heresy 
had  been  found  g-uilty,  he  was  handed  over  to  the 
civil  authority  for  punishment,  with  however,  the 
invariable  prayer  that  he  mig-ht  be  spared  and  not 
condemned  to  death.  It  should  be  observed  that 
princes  of  very  different  character  like  the  Emperor 
Frederick  II.,  Raymond  VII.,  Count  of  Toulouse, 
and  Louis  IX.,  king-  of  France,  enforced  the  inquisi- 
torial laws  with  extreme  severity,  enjoining-  their 
faithful  execution  upon  the  mag-istracy.  '  'We  should 
bear  in  mind,"  says  the  Protestant  Bluhme,  in  his 
System  of  Canon  Law,  "that  these  thing-s  happened 
under  an  Emperor  (Frederick  II.)  who  had  made 
himself  odious  to  the  Catholic  Church  and  that  the 
worst  horrors  of  the  Inquisition  were  first  perpe- 
trated after  it  had  passed  into  the  hands  of  the 
Spanish  king's." 

98.  It  is  to  be  noted  that  the  Inquisition  was  at 
first  nowhere  established  as  a  permanent  tribunal 
such  as  it  became  later  in  Spain.  Greg-ory  IX.  and 
Innocent  IV.  confined  its  jurisdiction  within  narrow 
limits  in  southern  France,  and  Boniface  VIII.  and 
Clement   V.  considerably  modified   the  rig-or  of  its 


TRIBUNAL   OF    INQUISITION.  97 

rules.  After  these  changes  had  been  made  and 
partly  in  consequence  of  them,  the  Inquisition  was 
established  in  the  whole  of  France,  in  Italy,  Ger- 
many and  Poland,  and  by  act  of  parliament  in  1400 
in  England.  One  cannot  help  deploring-  the  fate  of 
these  heretics,  who  like  the  "witches"  of  a  latter 
day  expiated  their  offenses  by  the  penalty  of  death, 
and  regretting-  with  St.  Aug-ustine  in  a  similar  case, 
that  efficient  and  progressive  disciplinary  enactments, 
sufficiently  severe  but  stopping1  short  of  extreme 
punishment,  had  not  been  employed  to  reclaim  them 
from  their  error  and  bring  them  back  to  the  Church; 
but  still  we  cannot  agree  w7ith  Protestants  in  con- 
demning the  Inquisition  and  its  methods  of  dealing 
with  heresy,  as  inducing  mental  servitude  and  afford- 
ing a  pretext  and  a  means  of  taking  a  bloody 
revenge.  To  be  just  to  the  Middle  Ages  they  should 
be  judg-ed  by  the  principles  and  ideas  of  those  times 
and  not  of  our  own.  Protestants  boasting  of  su- 
perior mental  freedom  have  affected  to  ignore  the 
weight  of  reason  based  upon  contemporaneous  cir- 
cumstances and  while  arraigning-  Catholics  have 
passed  in  silence  over  the  policy  of  Luther,  Calvin 
Melanchthon  and  Beza.  Did  not  these  men  support 
by  arguments  at  once  solid  and  decisive  the  lawful- 
ness of  coercive  measures  against  heretics  ?  Did 
they  not  make  a  signal  and  terrible  application  of 
their  principles  to  a  vast  number  of  persons  ?  Did 
not  these  Protestant  reformers  punish  witchcraft 
and  sorcery  as  capital  crimes  at  the  very  moment 
when  Catholics  like  Cornelius  Loos  at  Mentz  in 
1598,  and,  still  later,  the  Jesuits  Adam  Tanner  and 
Frederick  von  Spee  were  earnestly  protesting-  against 


98  THE   ROMAN   COURT. 

the  policy  as  absurd;  and  when  Catholic  sovereigns 
at  the  request  of  Catholic  priests  were  abolishing* 
these  tribunals? 

99.  To  instance  a  few  :  Pelix  Mans,  the  Anabap- 
tist, was  drowned  at  the  instigation  of  Zwinglius; 
Servetus  was  burned  by  the  advice  of  Calvin, 
because  he  held  heretical  doctrines  on  the  Trinity; 
Gentilis  was  beheaded;  Sylvanus  of  Ladenburg  was 
put  to  the  sword  in  the  market  place  of  Heidelberg*; 
Chancellor  Crell  after  suffering*  inhuman  torture 
to  the  demoniacal  amusement  of  his  persecutors,  was 
finally  beheaded  for  embracing-  Calvinism;  Henning 
Brabant  after  being-  frightfully  mutilated  was 
executed  because  of  his  pretended  familiarity  with 
the  devil;  Carlstadt  and  Hesshusius  were  cruelly 
persecuted;  Kepler,  the  celebrated  astronomer,  b}r 
his  scientific  teachings  provoked  the  wrath  of  the 
reformers;  and  last  but  not  least  were  the  victims  of 
the  star  chamber  in  England.  In  the  small  district 
of  Nuremberg  alone,  between  the  years  1577  and  1617 
three  hundred  and  fifty-six  persons  suspected  of 
heresy  and  witchcraft  were  executed,  and  three  hun- 
dred and  forty-five  flogged  or  mutilated.  Such  is  a 
partial  record  of  Protestant  Inquisition  and  punish- 
ment of  heretics.  Melanchthon  praised  Calvin's 
action  and  in  Consilia  II.  has  left  us  an  elaborate 
defense  of  the  practice  of  inflicting  capital  punish- 
ment on  heretics.  Beza  went  so  far  as  to  insist 
that  the  Antitrinitarians  should  suffer  capital  pun- 
ishment even  after  they  had  retracted  their  errors. 
Crenii,  Anhnadversiones  XI.  go. 

100.  Although  it  is  notorious  that  the  Spanish 
Inquisition   was   wholly  different   in    character  and 


SPANISH   INQCJISITION.  99 

aim  from  that  established  by  the  Holy  See,  numer- 
ous and  strenuous  efforts  have  been  made  to  identify 
the  two  for  the  sole  purpose  of  aspersing-  the  Cath- 
olic Church.  After  the  kingdoms  of  Castile  and 
Arragon  had  been  united  into  one  by  the  marriage  of 
Isabella  and  Ferdinand,  no  efforts  were  spared  to 
consolidate  the  new  monarchy,  increase  its  power, 
and  curb  the  overbearing  insolence  of  the  nobility. 
To  secure  these  ends  and  fill  the  depleted  exchequer 
by  fines  and  confiscations,  the  two  sovereigns  deter- 
mined to  establish  the  Inquisition,  whose  special 
office  from  the  year  1484  was  to  oppress  the  Jews 
and  Moors,  two  numerous,  wealthy  and  influential 
classes,  the  implacable  enemies  of  Catholic  Spain. 
From  this  time  forth  the  Inquisition  became  a 
national  institution  in  Spain,  and  not  only  the  lower 
and  illiterate  classes,  but  the  nobility,  men  and 
women,  might  be  seen  in  crowds  at  the  Autos  da  Ke, 
the  scenes,  not  only  of  bloody  executions,  but  of 
solemn  retractions.  Those  who  abjured  their  errors 
were  immediately  granted  their  freedom.  The 
sword  and  olive  branch  on  the  armorial  bearing  of 
the  Inquisition  had  a  deep  significance.  Neither 
atheists  nor  infidels,  however,  were  persecuted  in 
Spain  unless  when  they  attempted  to  proselytize. 
The  "Holy  Office"  of  Spain  was  therefore  a.  purely 
political  institution  against  which  Popes  sometimes 
exerted  their  full  influence  and  power.  Thus  Six- 
tus  IV.  wrote  indignantly  to  the  Spanish  monarchs 
when  he  learned  to  what  extent  he  had  been  trifled 
with  by  their  abusing  his  authorization  of  the  estab- 
lishment of  the  Inquisition,  and  rejected  their  petition 
for  the  establishment  of  the  tribunal  in  other  cities 


100  THE   ROMAN   COURT. 

than  Seville.  (Llorente  Vol.  IV.)  Ranke  says: 
"The  Spanish  Inquisition  was  above  all  things  in  its 
spirit  and  object  a  political  institute."  -"The 
Inquisition,"  says  Guizot,  "was  at  first  more  polit- 
ical than  religious,  and  destined  rather  for  the  main- 
tenance of  order  than  the  defense  of  faith." 

If  the  government  condescended  to  appoint 
churchmen  to  some  of  the  offices  of  the  Inquisition, 
it  did  so  of  its  own  accord,  and  their  presence  not 
unfrequently  softened  to  clemency  the  rigor  of  this 
terrible  tribunal.  Such  was  the  influence  of  Thomas 
Torquemada  and  Diego  Deza,  from  1483  to  1506, 
both  of  whom  held  the  office  of  Grand  Inquisitoi 
The  number  of  victims  of  the  Spanish  Inquisition  has 
been  grossly  exaggerated;  but  as  the  English  his- 
torian, Gibbon,  remarks,  and  de  Maestre  re-affirms, 
even  admitting  the  accuracy  of  the  figures,  when 
compared  with  the  thousands  slaughtered  in  the 
bloody  conflicts  occasioned  throughout  Europe  by  the 
introduction  of  Protestantism,  the  advantage  is  on 
the  side  of  Spain. 

101.  The  tribunal  of  the  Inquisition  in  the  city  of 
Rome  was  ruled  by  the  Sovereign  Pontiff  himself, 
who  was  assisted  by  several  ministers  and  advisers. 
Chief  among  these  assistants  were  the  members  of 
the  Order  of  Preachers,  or  Dominicans,  one  of  whom 
under  the  name  of  Master  of  the  Sacred  Palace, 
performed  the  duty  of  assessor  or  special  adviser 
to  the  Pope  in  matters  of  heresy.  Another  of  the 
same  order  filled  the  office  of  Commissary  of  the 
Inquisition.  In  time,  however,  one  of  the  cardinals 
was  assigned  to  take  the  place  of  the  Pope  as  head 
of  the  tribunal,  and  he  was  called  the  Prefect  of  the 


ROMAN   INQUISITION.  101 

Inquisition.  The  Inquisition  in  Rome  was  noted  for 
its  leniency  compared  to  similar  tribunals  existing*  in 
other  countries;  and  it  had  no  connection  whatever 
with  the  Spanish  Inquisition,  except  to  receive  com- 
plaints and  as  a  rule  mitigate  the  severity  of  the 
Spanish  tribunal.  Thus  we  learn  that  two  hundred 
and  fifty  Spanish  refugees  were  found  in  Rome  at 
one  time,  and  convicted  of  having*  fallen  into  Judaism; 
yet  there  was  not  one  capital  execution.  Some 
penances  were  imposed  upon  them,  and  when  they 
were  absolved,  they  were  free  to  return  home  with- 
out the  least  mark  of  ig*nominy.  This  took  place  in 
Rome  in  1498. 

102.  It  is  a  remarkable  thing,  says  Balmes,  that 
the  Roman  Inquisition  was  never  known  to  pro- 
nounce the  execution  of  capital  punishment,  although 
the  Apostolic  See  was  occupied  during  that  time  by 
Popes  of  extreme  rigor  and  severity  in  all  that 
relates  to  the  civil  administration.  We  find  in  all 
parts  of  Europe  scaffolds  prepared  to  punish  crimes 
against  religion;  scenes  which  sadden  the  soul  were 
everywhere  witnessed.  Rome  is  an  exception  to  the 
rule;  Rome  which  it  has  been  attempted  to  represent 
as  a  monster  of  intolerance  and  cruelty.  It  is  true 
that  the  Popes  have  not  preached  like  Protestants, 
universal  toleration;  but  facts  show  the  difference 
between  the  Popes  and  Protestants.  The  Popes, 
armed  with  a  tribunal  of  intolerance,  have  not  spilled 
one  drop  of  blood;  Protestants  and  philosophers 
have  shed  torrents.  What  advantage  is  it  to  the 
victim  to  hear  his  executioners  proclaim  toleration? 
It  is  adding  the  bitterness  of  sarcasm  to  his  punish- 
ment.    The  conduct  of  Rome  in  the  use  which  she 


102  THE    ROMAN   COURT. 

made  of  the  Inquisition,  is  the  best  apology  of  Cath- 
olicity against  those  who  attempt  to  stigmatize  her 
as  barbarous  and  sanguinary.  In  truth,  what  is 
there  in  common  between  Catholicity  and  the  exces- 
sive severity^  employed  in  this  place  or  that,  in  the 
extraordinary  situation  in  which  many  rival  races 
were  placed,  in  the  presence  of  danger  which  men- 
aced one  of  them,  or  in  the  interest  which  kings  had 
in  maintaining  the  tranquility  of  their  states  and 
securing  their  conquests  from  danger?  It  is  not 
necessary  to  enter  into  a  detailed  examination  of  the 
conduct  of  the  Spanish  Inquisition  with  respect  to 
Judaizing  Christians;  none  will  think  that  the  rigor 
which  it  employed  against  them  was  preferable  to 
the  mildness  recommended  and  displayed  by  the 
Popes.  What  is  claimed  is  that  that  rigor  was  the 
result  of  extraordinary  circumstances,  the  effect  of 
the  national  spirit  and  of  the  severity  of  customs  in 
Europe  at  that  time.  Catholicity  cannot  be 
reproached  with  excesses  committed  for  these  differ- 
ent reasons.  Still  more,  if  we  pay  attention  to  the 
spirit  which  prevails  in  all  the  instructions  of  the 
Popes  relating  to  the  Inquisition;  if  we  observe  their 
manifest  inclination  to  range  themselves  on  the  side 
of  mildness  and  to  suppress  the  marks  of  ignominy 
with  which  the  guilty  as  well  as  their  families  were 
stigmatized,  we  have  a  right  to  suppose  that,  if  the 
Popes  had  not  feared  to  displease  the  kings  too 
much,  and  to  excite  divisions  which  might  have  been 
fatal,  their  measures  towards  mildness  would  have 
been  carried  still  further. 

103.  Therefore  we  have  a  right  to  protest  against 
many  writers  of  the    present   day,    who  show  bad 


ROMAN   INQUISITION.  103 

faith  in  appealing*  to  the  feelings  with  respect  to  the 
Inquisition,  which  ought  to  be  examined  by  the  light 
of  reason  alone,  if  it  is  to  be  properly  examined. 
The  dungeons,  the  burnings  of  the  Inquisition  and 
the  intolerance  of  some  Catholic  princes,  furnish 
these  enemies  of  the  Church  with  one  of  their  most 
effective  arguments  in  depreciating  her  and  render- 
ing her  an  object  of  odium  and  hatred;  for  the  gen- 
erality of  readers,  without  undertaking  to  examine 
things  to  the  bottom,  allow  themselves  to  be  influ- 
enced by  their  feelings  and  imagination  and  are  thus 
led  astray.  Readers  who  have  sensitive  hearts  are 
prompt  to  pity  the  unfortunate,  and  what  is  more 
likely  to  excite  their  indignation  than  the  exhibition 
of  dark  dungeons,  instruments  of  torture  and  burn- 
ings ?  Imagine  what  effect  must  be  produced,  amid 
our  toleration,  our  gentle  manners,  our  humane 
penal  codes,  by  the  sudden  exhibition  of  the  severi- 
ties, the  cruelties  of  another  age;  the  whole  exag- 
gerated and  grouped  into  one  picture,  where  are 
shown  all  the  melancholy  scertes  which  occurred  in 
different  places  and  were  spread  over  a  long  period 
of  time.  Moreover,  such  writers  take  care  to 
remind  their  readers  that  all  this  was  done  in  the 
name  of  the  God  of  peace  and  love;  thereby  the  con- 
trast is  rendered  more  vivid,  the  imagination  is  ex- 
cited,, the  heart  becomes  indignant;  and  the  result  is, 
as  they  desire,  that  the  clergy,  magistrates,  kings 
and  Popes  of  those  remote  times  appear  like  a  troop 
of  executioners,  whose  pleasure  consists  in  torment- 
ing and  desolating  the  human  race. 

Ivet  there  be  fairness  and  honesty  in  the  treatment 
of  these  questions.     Moreover,  let  it  not  be  forgot- 


104  THE   ROMAN   COURT. 

ten,  as  was  shown  above,  that  Protestants  as  well 
as  Catholics  have  been  intolerant  of  what  they  con- 
sidered heresy;  let  it  not  be  forgotten  that  the  relig- 
ious wars  with  which  Protestants  devastated  the 
fairest  parts  of  Europe,  in  a  few  years  put  to  death 
many  more  people  than  all  the  tribunals  of  the  Inqui- 
sition convicted  of  heresy  and  handed  over  to  the 
civil  power  throughout  the  whole  time  of  its  exis- 
tence. And  who  shall  count  the  immense  number 
of  Catholics  put  to  death  by  the  Protestant  rulers  of 
Holland,  England  and  Ireland,  simply  because  of  a 
difference  in  religious  views  ?  There  were  thous- 
ands of  them.  And  who,  if  not  Protestants,  burned 
witches  in  America  ?  Had  there  not  better  be  an 
end  of  abuse  ?  Happily  the  spirit  of  our  age  is  not 
the  spirit  of  five  hundred  years  ago. 

104.  The  Sacred  Congregation  of  Universal  Inqui- 
sition was  established  as  a  committee  in  the  year 
1542  by  Pope  Paul  III.  who  wished  to  enlarge  the 
scope  and  extend  the  work  of  the  Roman  tribunal  of 
the  Inquisition  so  that  it  should  examine  doctrines  as 
well  as  try  persons.  Pope  Sixtus  V.  later  enlarged 
and  confirmed  it  as  a  Congregation  and  decreed  that 
it  should  rank  as  the  chief  of  all  the  Roman  Congre- 
gations. The  Sovereign  Pontiff  himself  is  its  prefect, 
and  according  as  he  judges  fit,  assigns  cardinals  to 
it  who  are  known  as  General  Inquisitors.  There 
are  ten  cardinal-inquisitors  at  the  present  time. 
The  oldest  cardinal  of  the  Congregation  is  supposed 
to  fill  the  office  of  secretary  and  he  is  rarely  other 
than  the  dean  of  the  Sacred  College.  At  present,  the 
dean  is  secretary,  though  he  is  not  the  senior  car- 
dinal.    To,  aid  the  cardinal-inquisitors  twenty-twQ 


CONGREGATION   O^   INQUISITION.  105 

consultors,  six  qualificators  and  four  lesser  officials 
are  assigned  to  the  Congregation,  all  chosen  by  the 
Pope  himself. 

105.  First  among-  all  the  officials  is  the  assessor 
of  the  Holy  Office  who  is  selected  from  the  secular 
prelates  or  honorary  chamberlains  of  the  Pope.  He 
presides  over  the  meeting-  of  the  consultors  which 
takes  place  every  Monday,  and  lays  before  the  car- 
dinal-inquisitors, who  meet  on  Wednesday,  the  busi- 
ness to  be  done  and  the  questions  to  be  treated, 
tog-ether  with  the  vote  or  opinion  of  the  consultors 
previously  obtained.  When  a  sentence  is  reached  by 
the  cardinals,  he  lays  it  before  the  Pope*  The 
assessor  also  has  charg-e  of  the  office  of  the  secre- 
tary of  the  Congregation  and  superintends  the  work 
done  therein. 

The  second  official  is  the  commissary  of  the  Holy 
Office  who  is  taken  from  the  Dominican  order  and 
from  the  province  of  Lombardy.  He  performs  the 
work  of  an  ordinary  judge  and  especially  prepares 
judicial  processes.  He  has  an  assistant  who  is  also 
a  Dominican. 

The  third  official  is  the  fiscal  procurator.  He  sits 
with  the  consultors  in  their  meeting-,  defends  the 
observance  of  the  laws  and  prepares  instructions  by 
which  diocesan  courts  are  directed  in  making-  out 
the  acts  of  trials.  There  is  also  an  advocate  for 
accused  persons,  an  archivist  and  a  notary  with 
assistants  depending  on  him. 

The  consultors  of  the  Holy  Office  are  chosen  by 
the  Pope  himself  from  the  most  learned  canonists 
and  theologians  of  the  secular  and  regular  clergy. 
The  number  is  optional,  but  among  them  are  always 


106  THE   ROMAN   COURT. 

the  general  of  the  Dominican  order,  the  master  of 
the  Sacred  Palace  who  is  also  a  Dominican,  and  a 
theologian  of  the  order  of  Conventuals.  Besides 
the  consultors,  there  are  qualificators  whose  duty  is 
to  examine  books  at  the  order  of  the  Congregation 
and  report  what  note  of  censure  they  think  should 
be  applied  to  the  book  or  certain  propositions  taken 
from  it. 

All  these  officials  and  consultors  are  bound  to 
absolute  secrecy  in  regard  to  all  acts  of  the  Congre- 
gation under  pain-of  excommunication  to  be  incurred 
ipso  facto  for  any  violation  of  this  obligation.  This 
is  but  right,  for  when  we  consider  that  the  most 
secret  and  delicate  matters  of  Church  administra- 
tion come  before  this  Congregation,  it  appears  evi- 
dent that  without  such  a  strict  obligation  of  secrecy 
these  matters  might  be  divulged  to  the  great  preju- 
dice and  even  ruin  of  innocent  people. 

106.  The  Sacred  Congregation  of  Universal  Inqui- 
sition is  truly  a  supreme  and  universal  tribunal  in 
matters  belonging  to  it,  and  therefore  has  jurisdic- 
tion over  all  the  faithful  of  every  order  and  dignity, 
even  over  patriarchs,  archbishops  and  bishops,  as 
well  as  over  all  other  inquisitors'  throughout  the 
world.  Its  competency,  as  laid  down  by  Pope 
Sixtus  V.,  extends  to  all  causes  concerning  heresy, 
schism,  apostasy  from  the  faith,  magic,  sortilege, 
divinition  and  abuse  of  the  sacraments.  Hence  this 
Congregation  tries  and  condemns,  if  found  guilty, 
Catholics  who  may  be  accused  of  heresy  or  any  other 
of  the  above  mentioned  crimes,  and  also  condemns 
any  of  their  writings  which  may  be  erroneous. 
Hence  also  the  matter  of  solicitation  in  sacramental 


A  SUPREME   TRIBUNAL.  107 

confession,  as  well  as  the  marriage  of  Catholics  with 
heretics  or  schismatics  as  regards  both  the  dispensa- 
tion and  the  consequent  difficulties,  belongs  exclu- 
sively to  this  Congregation.  Hence,  too,  it  issues 
rules  for  the  guidance  of  diocesan  courts  in  proving 
the  liberty  of  a  person  who  wishes  to  contract  mat- 
rimony. Finally  to  it  are  referred  questions  con- 
cerning faith  and  concerning  secret  or  other  societies, 
when  by  way  of  appeal  or  interpellation  these  mat- 
ters are  brought  before  the  Sovereign  Pontiff. 

At  times,  also,  the  Pontiff  commits  to  this  Con- 
gregation the  examination  of  a  question,  which,  it  is 
true,  does  not  pertain  to  faith,  but  which  because  of 
the  quality  of  the  question  itself  or  the  persons 
whom  it  concerns,  should  be  treated  secretly  and  not 
with  the  regular  public  judicial  process  of  the  other 
Congregations. 

107.  The  great  care  manifested  by  this  Congrega- 
tion in  the  examination  of  books  and  writings  which 
may  come  before  it,  is  evident  from  its  method  of 
proceeding,  as  laid  down  by  Pope  Benedict  XIV.  in 
1753.  The  Pope  says:  "When  any  book  is  brought 
before  the  Congregation  of  the  Holy  Office  as 
deserving  censure,  if  the  Congregation  does  not  send 
it  to  the  Congregation  of  the  Index  to  be  judged,  as 
is  usually  done,  but,  because  of  the  matter  or  the 
circumstances,  prefers  itself  to  judge  the  book  then 
we  order  that  this  method  be  followed:  First  the 
book  shall  be  given  to  one  of  the  qualificators  or 
consultors  to  be  designated  by  the  Sacred  Congre- 
gation, and  he  shall  read  it  attentively  and  weigh  it 
diligently.  Then  he  shall  put  his  censure  in  writ- 
ing, indicating  the  passages  and  pages  in  which  the 


108  TH#   ROMAN  COURT. 

detected  errors  are  found.  Then  the  book  with  the 
animadversions  of  the  reviser  shall  be  sent  to  each  of 
the  consultors,  who  shall  pass  sentence  on  it  and  on 
the  censure,  in  their  meeting"  held  as  usual  on  Monday 
in  the  rooms  of  the  Sacred  Office.  The  censure  and 
the  book  tog-ether  with  the  votes  of  the  consultors 
shall  then  be  g-iven  to  the  cardinals  that  they  may 
definitely  judge  the  whole  matter  in  their  meeting" 
held  on  Wednesday  in  the  monastery  of  the  Domin- 
icans, called  St.  Mary  supra  Minervam.  After  this, 
all  the  acts  shall  by  the  assessor  of  the  Holy  Office 
be  brought  to  the  Pontiff  at  whose  will  the  whole 
trial  shall  end.  But  since  by  ancient  usage  it  is 
received  that  a  book  by  a  Catholic  author  shall  not 
be  proscribed  on  the  censure  of  only  one  reviewer, 
We  desire  that  such  a  custom  shall  be  maintained; 
so  that  if  the  first  censor  judgfes  that  the  book  should 
be  forbidden,  even  thoug"h  the  consultors  agree  to  the 
same  opinion,  nevertheless  the  book  and  the  censure 
shall  be  gfiven  to  another  reviewer,  to  be  chosen  by 
the  same  Congregation,  which  second  reviewer  shall 
not  be  given  the  name  of  the  first  reviewer,  in  order 
that  he  may  more  freely  give  his  opinion.  If  the 
second  reviewer  agrees  with  the  first,  then  the  ani- 
madversions of  both  are  sent  to  the  cardinals,  that 
they  may  decree  concerning"  the  book.  But  if  the 
second  disagrees  with  the  first  and  thinks  the  book 
should  be  left  uncondemnned,  then  a  third  censor  is 
to  be  chosen,  to  whom  the  opinions  of  the  former 
reviewers  are  g"iven  without  their  names  being"  men- 
tioned. This  third  opinion,  if  it  harmonizes  with 
the  previous  sentence  of  the  consultors,  is  immedi- 
ately  sent    to   the  cardinals   that    they   may  decree 


EXAMINATION   OF   BOOKS.  109 

what  is  opportune.  Otherwise  the  third  opinion  is 
to  be  laid  before  the  consultors  for  their  vote.  All  the 
opinions  and  the  votes  of  the  consultors  are  then  to  be 
referred  to  the  cardinals,  who  after  carefully  weigh- 
ing- the  matter,  shall  give  judgment.  If,  however, 
the  Pontiff,  either  because  of  the  gravity  of  the  sub- 
ject treated  in  the  book  or  because  of  the  author's 
merit  or  other  circumstances,  shall  order  that  judg- 
ment on  the  book  shall  be  given  before  himself  in  the 
Congregation  held  on  Thursday,  then  the  censures 
and  the  votes  of  the  consultors,  without  the  cardi- 
nals having  acted  on  them,  shall  be  laid  before  the 
Pontiff  by  the  assessor  of  the  Holy  Office.  For  then 
by  the  votes  of  the  cardinals  in  the  presence  of  the 
Pontiff  and  his  definitive  sentence,  or  by  some  other 
opportune  method  which  may  be  adopted  in  that 
meeting,  the  matter  shall  be  finished." 

108.  There  are,  as  is  insinuated  above,  three  meet- 
ings or  gatherings  of  the  Congregation  of  the  Holy 
Office;  the  meeting  of  the  consultors  without  the 
cardinals,  the  meeting  of  the  cardinals  without  the 
Sovereign  Pontiff  and  finally  the  meeting  of  the  car- 
dinals with  the  Pontiff.  The  meeting  of  the  con- 
sultors is  held  regularly  every  Monday  in  the  palace 
of  the  Holy  Office,  Palazzo  del  S.  Uffizio,  near  the 
Vatican  basilica.  At  it  are  present  the  consultors, 
the  assessor,  the  commissary  and  the  other  officials, 
and  the  business  which  has  come  up  is  laid  before 
them  by  the  assessor  for  discussion  and  decision,  so 
that  it  may  be  in  shape  for  the  Congregation  of  the 
cardinal-inquisitors  which  is  held  each  Wednesday. 

The  meeting  of  the  cardinals  was  held  formerly  in 
the   Dominican,  monastery  near  the  church   of   St. 


110  THE   ROMAN   COURT. 

Mary  supra  Minervam,  but  now  is  held  in  the  Vati- 
can palace.  At  this  meeting-  the  cardinal-dean 
usually  presides.  When  the  cardinals  are  convened, 
the  assessor  enters  alone,  and  standing-,  lays  before 
the  Congreg-ation  the  business  prepared  in  the  meet- 
ing- of  the  consultors,  reading-  the  letters,  processes, 
opinions  and  votes  of  the  consultors  on  the  matter  in 
hand.  The  consultors  are  then  admitted  if  the  car- 
dinals so  desire,  and  after  hearing-  their  opinions,  the 
cardinals  pronounce  definitely  and  prepare  a  decree,' 
unless  the  matter  is  so  important  that  the  Supreme 
Pontiff  desires  to  hold  a  third  Congregation  before 
himself.  When  a  decree  is  issued  by  the  cardinals 
alone,  it  is  prepared  in  their  meeting-  and  on  the 
same  day  laid  before  the  Sovereign  Pontiff  for  his 

approval.     It  is  worded  like  this  :    "Wednesday, , 

The  Sacred  Congreg-ation  of  the  Most  Eminent  and 
Most  Reverend  Cardinals  of  the  Holy  Roman 
Church,  after  an  examination  made  by  the  theolo- 
gians deputed  for  the  purpose,  and  report  being- 
made  to  the  Holy  Father,  by  the  present  decree 
declares " 

One  peculiarity  of  this  Congreg-ation  is  that  what 
is  determined  by  the  majority  of  the  cardinals  pres- 
ent, and  even  by  two  if  they  alone  are  present,  has 
the  same  force  as  if  determined  by  all  belong-ing-  to 
the  Congreg-ation. 

109.  The  third  meeting-  of  the  Congreg-ation  for- 
merly was  held  every  Thursday  in  the  presence  of 
the  Sovereig-n  Pontiff,  and  at  it  he  presided.  But 
now  such  meeting's  are  held  only  when  the  Pontiff 
desires  them.  They  are  held  in  the  apostolic  pal- 
ace,  and  at   the  beg-inning-  only  the  cardinals  with 


VALUE   OE   DECREES.  Ill 

the  assessor  are  present  before  the  Pope.  A  sum- 
mary is  given  of  the  matter  treated  in  the  meeting 
of  the  previous  day,  and  each  cardinal,  beginning 
with  the  junior,  gives  his  opinion,  so  that  the  one 
which  seems  most  acceptable  may  be  confirmed  by 
pontifical  decree.  Then  the  consultors  are  admitted, 
and  their  advice  having-  been  heard,  what  should  be 
done  in  the  matter  is  determined,  and  a  decree  issued 
to  that  effect.  The  decree  is  g-enerally  worded  in 
this  way  :  "Thursday, ,  in  the  General  Congre- 
gation of  the  Holy  Roman  and  Universal  Inquisition, 
held  in  the  apostolic  palace  before  His  Holiness  Pope 

and  the  Most  Eminent  the  Cardinals  of  the  Holy 

Roman  Church,  inquisitors  in  the  whole  Christian 
world,  the  Holy  Father,  having  heard  the  opinion  of 
the  same,  has  ordered  and  decreed  that ". 

110.  The  authority  of  the  sentences  and  judg- 
ments of  the  Sacred  Congregation  of  the#  Holy 
Office  is  the  authority  of  the  Holy  See  itself,  and 
therefore  there  is  no  canonical  appeal  from  it  to  any 
other  tribunal.  Nevertheless  the  interested  parties 
may  sometimes  obtain  from  the  Holy  Father  a 
rehearing  of  the  case,  if  considerable  new  evidence 
is  produced;  and  it  may  happen  also  that  the  pre- 
vious judgement  is  modified  at  the  rehearing-  because 
of  this  new  information. 

The  doctrinal  decrees  of  the  Holy  Office  without 
doubt  are  to  be  treated  with  the  greatest  reverence, 
for  they  are  issued  by  a  competent  tribunal  and  after 
a  thoroug-h  examination  of  the  question  by  men 
whose  knowledge  and  probity  are  above  exception. 
But  nevertheless  these  decrees  are  not  infallible  nor 
irreformable.     For  infallibility  belongs  to  the  Pope 


112  THE   ROMAN   COURT. 

alone,  and  these  replies  or  decrees  are  not  papal  acts. 
Even  if  the  Sovereign  Pontiff  approves  them,  they 
still  retain  the  nature  of  a  decision  of  the  Sacred 
Congregation,  and  as  such  the  Pontiff  approves  and 
orders  them  published.  (De  Angelis,  Santi  and 
others.) 

The  case  would  be  different,  if  the  Pontiff  should 
make  the  decision  of  the  Sacred  Congregation  his  own 
and  solemnly  publish  it  by  his  apostolic  authority  as 
the  teacher  of  the  whole  Christian  world.  For  then 
he  would  be  speaking  ex  cathedra  and  his  definition 
of  the  doctrinal  matter  would  be  irreformable. 


CHAPTER  III. 

THE    CONGREGATION   OF    THE   INDEX. 

111.  The  Sacred  Congregation  of  the  Index  may 
be  considered  an  auxiliary  of  the  Congregation  of  the 
Holy  Office.  For  since  the  Congregation  of  the 
Holy  Office,  because  of  the  gravity  and  multiplicity 
of  the  matters  referred  to  it,  found  it  impossible  to 
devote  the  required  time  to  the  examination  of  books 
and  to  the  separation  of  the  bad  from  the  g"ood,  so 
that  danger  to  the  faith  and  morals  of  Catholic  peo- 
ple might  be  warded  off,  it  was  deemed  expedient  to 
establish  a  special  Congregation  for  the  purpose  of 
examining*  books  and  making  an  index  or  catalogue 
of  those  condemned  as  dang-erous.  The  Church  from 
the  very  beg-inning-  of  her  mission,  which  is  to  pro- 
cure integrity  of  faith  and  sanctity  of  morals  by 
pointing-  out  g-ood  pastures  and  warning-  the  faithful 
ag-ainst  those  infected  with  poison,  has  exercised  the 
rig-ht  of  condemning-  certain  books,  the  reading-  of 
which  might  prove  injurious  to  sound  faith  and 
Christian  morality. 

112.  Because  she  has  been  charg-ed  by  Christ  with 
the  duty  of  preserving-  the  deposit  of  faith  and  hand- 
ing- it  down  intact;  and  also  with  the  duty  of  teach- 
ing- this  faith  throughout  the  world,  it  follows  nec- 
essarily that  she  must  have  the  rig-ht  of  pointing-  out 
bad   and  dang-erous  books,  and   of  prohibiting-    the 

113 


114  THE   ROMAN   COURT. 

diffusion  and  perusal  of  them.  For  there  is  no  doubt 
whatever  of  the  influence  of  books  on  man's  mind. 
They  are  actually  food  for  the  mind  as  much  as 
bread  is  food  for  the  body.  An  evil  book  will  not 
only  prevent  the  mind  from  receiving-  the  spiritual 
and  intellectual  food  of  revelation,  but  moreover  will 
poison  and  destroy  whatever  of  such  food  has  been 
received.  From  the  first  ages,  therefore,  bad  and 
dang-erous  books  were  condemned;  but  up  to  the 
sixteenth  century  no  index  or  catalog-ue  of  such 
books  was  compiled.  Paul  III.  committed  to  the 
Congregation  of  Universal  Inquisition  the  duty  of 
prohibiting-  evil  books,  but  Paul  IV.  in  the  year  1559 
was  the  first  to  make  and  publish  a  catalog-ue  of 
them. 

113,  This  first  catalog-ue  was  found  incomplete  and 
inconvenient.  Therefore  at  the  request  of  Pope  Paul 
IV.,  the  Council  of  Trent  appointed  eig-hteen  of  its 
members  to  complete  the  work  and  add  rules  for  the 
g-uidance  of  the  faithful.  When  this  committee 
reported  the  council  was  about  to  adjourn,  and  thus 
the  report  was  referred  to  the  Sovereig-n  Pontiff 
without  any  action  by  the  council. 

Pius  IV.  committed  the  work  to  several  other 
learned  men  for  further  examination,  and  finally 
published  the  Index  with  ten  rules,  ordering  it  to  be 
observed  by  all.  Pope  Clement  VIII.  enlarg-ed  the 
list  of  books  and  in  1595  ordered  that  it  be  published 
throug-hout  the  world. 

Pope  Pius  V.  in  the  yfcar  1571  instituted  the  special 
Congregation  of  the  Index  whose  peculiar  and  almost 
sole  duty  is  to  examine  books  that  are  to  be  either 
proscribed,  amended   or   permitted.     It    is    not  the 


CONGREGATION  OF   INDEX.  115 

duty  of  the  Congregation  to  inquire  whether  books 
against  faith  and  morals  are  published  anywhere, 
but  rather  to  examine  the  books  which  may  be 
brought  to  its  notice.  To  this  Congregation,  more- 
over, was  given  the  right  to  point  out  needed  correc- 
tions in  prohibited  works,  and  after  these  corrections 
are  made,  to  take  them  off  the  Index  and  permit  them 
to  be  used  generally.  It  has  the  right  also  to  grant 
certain  persons  faculties  to  retain  and  read  prohibited 
books,  if  necessity  or  prudence  demands  it. 

114.  The  Congregation  of  the  Index  is  now  com- 
posed of  thirty-one  cardinals,  the  number  being 
optional  with  the  Pope.  Nineteen  of  these  cardinals 
are  bishops  of  residential  sees  in  various  countries, 
and  live  extra  curiam.  One  of  the  cardinals  in  curia 
is  appointed  prefect.  His  assistant  is  always  the 
master  of  the  Sacred  Palace.  The  secretary,  from 
the  first  organization  of  the  Congregation  to  the 
present  day,  has  been  chosen  by  the  Pope  from  the 
order  of  Dominicans.  There  are  also  thirty-two 
consultors  and  four  relators,  chosen  from  both  the 
secular  and  regular  clergy.  A  minutante  and 
archivist  has  charge  of  the  office  of  the  Congregation, 
which  is  the  Palazzo  della  Cancellaria  Apostolica. 
The  work  of  the  relators  is  to  read  the  books 
referred  to  them  and  give  a  written  opinion,  point- 
ing out  the  errors  that  require  correction  or  con- 
demnation. 

115.  The  method  to  be  followed  by  the  Congrega- 
tion of  the  Index  is  prescribed  by  Pope  Benedict  XIV. 
in  his  constitution  Sollicita  of  July  9,  1753.  "Since 
the  Congregation  of  the  Index,"  the  Pontiff  says, 
"has  been  instituted  solely  for  the  censure  of  books, 


116  THE   ROMAN  COURT. 

it  is  not  convened  as  often  as  the  Congregation  of 
the  Holy  Office;  and  therefore  we  commit  to  its  sec- 
retary, according-  to  former  practice,  the  peculiar 
rig-lit  and  duty  of  receiving-  denunciation  of  books. 
He  will,  therefore,  when  anyone  brings  a  book  for 
condemnation,  dilig-ently  inquire  of  him  the  reasons 
why  he  requests  censure.  Then  he  will  carefully 
examine  the  book  to  see  whether  there  is  any  founda- 
tion for  the  complaint,  and  select  two  consultors  to 
assist  in  the  examination,  they  to  be  approved  by  the 
Sovereig-n  Pontiff  or  the  cardinal-prefect  or  him  who 
supplies  the  prefect's  place.  If  according-  to  the 
consultors  the  book  seems  deserving-  of  censure,  a 
relator,  competent  to  pass  judg-ment  because  of  his 
knowledg-e  of  the  subject  treated,  shall  be  chosen; 
and  he  shall  report  in  writing-  his  animadversions, 
noting-  the  pag-es  on  which  are  found  each  of  the 
points  he  deems  censurable. 

"But  before  his  report  is  referred  to  the  cardinals, 
We  desire  that  a  private  meeting-  of  the  consultors  be 
held,  that  judg-ment  may  be  had  on  the  weig-ht  of 
the  animadversions  of  the  relator.  A  meeting-  of 
this  kind  shall  be  called  once  each  month,  or  oftener 
if  advisable,  by  the  secretary  of  the  Congreg-ation; 
and  at  it  shall  be  present  the  master  of  the  Sacred 
Palace,  tog-ether  with  six  others  of  the  consultors 
who  are  each  time  to  be  chosen  by  the  secretary 
according-  to  the  subject  matter'  to  be  discussed. 
The  secretary  himself  shall  be  present  and  write 
down  the  opinions  of  the  consultors,  which  he  will 
then  send  to  the  Congreg-ation  of  the  cardinals  with 
the  censure  prepared  by  the  relator. 

"Finally  in  the  g-eneral  Congreg-ation  all  shall  be 


CONDEMNATION   OF    BOOKS.  117 

observed  which  was  prescribed  above  for  the  exami- 
nation of  books  by  the  Congreg-ation  of  the  Holy 
Office;  and  as  it  is  the  duty  of  the  assessor  of  the 
Holy  Office  to  inform  the  Sovereign  Pontiff  of  the 
acts  of  the  Congregation,  so  it  will  pertain  to  the 
secretary  of  the  Congregation  of  the  Index,  when- 
ever it  judg-es  that  a  book  should  be  condemned  or 
corrected,  to  seek  the  assent  of  the  Sovereign  Pon- 
tiff, and  present  a  careful  relation  of  all  the  acts  in 
the  matter." 

The  decrees  of  the  Sacred  Congreg-ation  of  the 
Index  are  worded  as  follows : 

"The  Sacred  Congregation  of  the  Most  Eminent 
and  Most  Reverend  Cardinals  appointed  and  dele- 
gated by  His  Holiness  and  the  Holy  Apostolic  See 
over  the  Index  of  books  of  evil  doctrine  and  for  the 
proscription,  expurgation  and  permission  of  the  same 
in  the  universal  Christian  commonwealth,  held  in 
the  Vatican  palace,  has  condemned  and  condemns, 
has  proscribed  and  proscribes,  has  ordered  and 
orders  the  following-  works  to  be  placed  on  the  Index 
of  books - .  Therefore  let  no  one  of  what- 
ever grade  or  condition  in  any  place  or  in  any  lang-uag-e 
for  the  future  either  publish,  or  if  published,  read 
or  keep  the  aforementioned  condemned  works;  but 
let  everyone  be  bound  to  deliver  them  to  the  ordinaries 
of  places  or  the  inquisitors  of  heretical  pravity,  under 
the  penalties  laid  down  in  the  Index  of  prohibited 
books.  Which  being-  referred  to  His  Holiness  Pope 
by  me,  the  subscribed  secretary,  His  Holi- 
ness approved  the  decree  and  ordered  it  published. 
In  testimony  whereof .     Given  at  Rome ." 

116.  Pope  Benedict  XIV.  in  the  same  constitution 


118  THE   ROMAN   COURT. 

instructs  both  the  Congregation  of  the  Index  and  the 
Holy  Office,  that  whenever  a  book  of  a  reputable  and 
well-known  Catholic  author  is  found  censurable,  the 
censure  should  contain  the  words  "prohibited  until 
the  book  is  corrected."  Further,  the  decree  should 
not  be  issued  immediately,  and  while  its  publication 
is  suspended  the  matter  should  be  communicated  to 
the  author  or  to  some  one  acting-  for  him.  If  after  a 
reasonable  time  the  book  is  not  corrected,  the  decree 
is  to  be  published.  On  the  other  hand  if  the  work 
is  properly  corrected,  the  decree  is  to  be  suppressed. 

Referring-  to  the  complaint  that  judgment  is  passed 
on  books  without  giving  their  authors  a  chance  to 
be  heard,  the  Pontiff  says,  that,  although  the  book 
and  not  the  author  is  tried  and  therefore  the  author 
is  affected  only  indirectly,  still  he  wishes  the  Con- 
gregation to  continue  doing  generally  in  the  future 
what  with  great  equity  had  sometimes  been  done  in 
the  past,  that  is,  when  there  is  question  of  a  reput- 
able Catholic  author  whose  book  with  certain  cor- 
rections may  be  published,  then  the  author  who 
wishes  to  defend  his  cause  should  be  heard  before 
the  Congregation,  or  one  of  the  consultors  should  be 
appointed  to  protect  and  defend  his  work. 

The  Pontiff  then  imposes  upon  all  the  relators, 
consultors  and  cardinals  of  the  Congregation  of  the 
Index  the  same  strict  obligation  of  secrecy  as  is 
imposed  on  the  Congregation  of  the  Inquisition. 
But.  he  gives  the  secretary  permission  to  communi- 
cate to  authors  or  their  agents  the  animadversions 
made  on  their  books  when  censured;  provided  that 
they  keep  the  same  law  of  secrecy  and  provided  the 


RULES  FOR   EXAMINERS.  119 

names  of  the  denouncer  and  the  one  reporting  the 
censure  are  not  divulged. 

It  may  be  added  that  a  number  of  the  bishops  of 
Germany  requested  the  Vatican  Council  to  enact  that, 
"no  censure  of  new  books  should  be  promulgated, 
unless  the  ordinary  of  the  author  has  first  been 
heard;  because  it  frequently  happens  that  without 
the  publication  of  the  censure,  a  retraction  of  the 
error  can  be  brought  about  if  the  author  is  of  good 
will." 

117.  In  the  same  constitution,  Sollicita,  the 
learned  Pontiff  'lays  down  certain  rules  which  the 
relators  and  consultors  should  bear  in  mind  when 
asked  to  give  an  opinion  concerning  books  denounced 
to  the  Congregation.  "They  should  remember,"  he 
says,  "that  they  are  not  supposed  to  procure  the  pro- 
scription of  books  by  any  and  every  means;  but  they 
are  only  to  give  the  Sacred  Congregation  the  reasons 
why  they  think  the  books  should  be  proscribed  or 
left  without  censure. 

"If  the  relator  to  whom  a  certain  book  has  been 
given  for  examination  finds  that  he  is  not  capable 
of  forming  a  judgment  on  it,  because  perhaps  he  is 
not  sufficiently  versed  in  the  subject  treated,  then  he 
should  tell  the  secretary  who  will  designate  another 
relator. 

"A  relator  should  conclude  that  a  book  is  to  be 
proscribed,  not  because  it  opposes  the  opinions 
of  the  school  to  which  he  himself  adheres;  but  only 
because  it  errs  in  a  doctrine  which  Catholic  doctors 
commonly  teach  must  necessarily  be  held.  For  there 
are  opinions  which  may  appear  quite  certain  to  one 


120  THE   ROMAN   COURT. 

school,  institute  or  nation,  but  which  may  neverthe- 
less be  licitly  abandoned  and  contested,  for  the  rea- 
son that  the  Apostolic  See  has  left  them  to  the  dis- 
putations of  the  schools. 

"Likewise  a  relator  should  determine  his  judgment 
from  a  diligent  examination  of  the  whole  work,  but 
not  from  some  propositions  taken  here  and  there  from 
the  book  and  considered  separate  from  the  context. 
For  it  sometimes  happens  that  an  author  may  state 
in  one  passage  an  ambiguous  doctrine  and  then  in 
another  part  of  his  book  professedly  defend  the 
sound  doctrine." 

Again  he  notes  that  in  some  books  erroneous  doc- 
trines and  systems  are  related  historically  and  the 
authors  neither  refute  nor  profess  to  adhere  to  them. 
"They  think  they  are  not  obnoxious  to  censure  for 
this  because  they  only  relate  the  opinions  of  others. 
But  such  books  may  be  very  pernicious,  and  if  the 
revisers  think  they  are  so,  they  may  rightly  con- 
clude in  their  opinion  that  the  books  should  be  pro- 
scribed or  revised.  Likewise  they  may  rightly  con- 
clude that  a  book  should  be  condemned  or  revised,  if 
it  defames,  injures  or  abuses  opponents. 

"Finally,  if  the  author  of  a  book  gives  out  his  own 
opinions  as  dogmas  and  not  only  denounces  but  boldly 
censures  with  theological  notes  the  opposite  opinion, 
which  nevertheless  is  sustained  by  some  Catholic 
doctors  with  the  knowledge  of  the  Apostolic  See, 
then  the  revisers  may  rightly  judge  that  such  license 
should  be  stopped;  for  from  such  works  dissensions 
and  disturbances  may  easily  be  excited  in  the 
Church." 

118.  The  Index,  as  published  by  apostolic  author- 


RULES   OE    THE   INDEX.  121 

ity,  consists  of  two  parts:  The  former  contains  the 
laws  or  decrees  by  which  certain  species  of  books 
are  prohibited,  and  by  which  various  regulations 
concerning-  the  publication  and  examination  of  books 
are  prescribed;  the  latter  is  the  catalogue  of  those 
books  which  have  been  prohibited  by  name.  The 
ten  rules  of  the  Index,  prepared  by  the  Council  of 
Trent  and  published  by  Pope  Paul  IV.  are  the  fol- 
lowing: 

Rule  I.  "All  the  books  which  before  the  year  1500 
were  condemned  by  the  Sovereign  Pontiffs  or  by 
ecumenical  councils  and  which  are  not  in  this  Index, 
are  to  be  considered  condemned  as  they  formerly 
were."  This  rule  does  not  include  the  ancient 
classics,  nor  the  works  of  heretics  of  the  first  ages, 
such  as  Tertulian,  Eusebius,  Origin. 

Rule  II.  "All  the  books  of  heresiarchs,  both  of 
those  who  after  the  aforementioned  year  invented  or 
started  heresies,  and  of  those  who  are  or  were  heads 
or  leaders  of  heretics,  such  as  Luther,  Zwinglius, 
Calvin,  Balthazar,  Pacimontanus,  Schwenckfeld, 
and  those  like  them  by  whatever  name,  title  or 
argument  they  are  known,  are  entirely  prohibited.'' 
This  prohibition  even  in  regard  to  their  books  which 
do  not  treat  of  religion  is  made  "in  hatred  of  the 
author,"  as  it  is  called;  that  the  faithful  may  have 
nothing  whatever  to  do  with  such  persons  and  run 
no  chance  of  being  infected.  "Also  the  books  of 
other  heretics  which  treat  of  religion  professedly  are 
entirely  condemned."  Anonymous  books  which  con- 
tain false  doctrine  are  supposed  to  be  written  by 
heretics  and  are  therefore  forbidden. 

"But  their  other  books  which  do  not  treat  of  relig- 


122  THE   ROMAN   COURT. 

ion,  when  examined  and  approved  by  Catholic  theo- 
logians by  order  of  the  bishops  and  inquisitors,  are 
permitted."  "Books  written  in  a  Catholic  spirit, 
both  by  those  who  afterwards  fell  into  heresy  and 
by  those  who  after  their  fall  have  returned  to  the 
Church,  when  approved  by  the  theological  faculty  of 
some  Catholic  university  or  by  the  General  Inquisi- 
tion, maybe  permitted." 

Rule  III.  "Translations  even  of  ecclesiastical 
writers  which  have  hitherto  been  published  by  con- 
demned authors,  if  they  contain  nothing  against 
sound  doctrine,  are  permitted.  Translations  of  the 
books  of  the  Old  Testament  should  be  allowed  only 
to  learned  and  pious  men  in  the  judgment  of  the 
bishop,  provided,  however,  that  they  use  these  trans- 
lations as  explanations  of  the  Vulgate  edition  to 
understand  the  Sacred  Scriptures,  but  not  as  the 
sacred  text.  Translations  of  the  New  Testament, 
made  by  authors  of  the  first  class  of  this  Index, 
(heresiarchs  such  as  are  mentioned  in  rule  II.  above) 
shall  be  permitted  to  no  one,  because  very  little  good 
and  much  danger  usually  follows  the  reading  of  such 
translations.  If  any  annotations  are  attached  to 
such  translations  as  are  permitted,  or  to  the  Vulgate, 
after  the  suspected  passages  have  been  expunged  by 
the  theological  faculty  of  some  Catholic  university 
or  by  the  General  Inquisition,  such  annotations  may 
be  allowed  to  those  who  are  allowed  the  transla- 
tions. On  these  conditions  the  whole  volume  of  the 
Bible,  commonly  called  the  Vatabli  Bible,  or  parts  of 
it,  may  be  conceded  to  pious  and  learned  men. 
Prom  the  Bible  of  Isidore  Clarius  Brixianus  the  pre- 
face and  prolegomena  shall  be  cut  out;  but  the  text 


RULES  OE   THE   INDEX.  123 

of  it  no  one  should  consider  to  be  the  text  of  the  Vul- 
gate edition." 

119.  The  Church  thus  endeavored  to  protect  the 
integrity  of  the  Bible  against  the  continual  falsifica- 
tions of  heretics.  The  Vulgate  was  the  authorized 
edition  which  anyone  might  have  and  whose  use  was 
recommended  to  all  the  faithful.  Danger  lurked  in 
the  numerous  unauthorized  and  falsified  translations 
which  especially  in  the  sixteenth  century  were  sent 
into  the  world.  As  late  as  January  7,  1836,  the 
Sacred  Congregation  of  the  Index,  by  decree, 
recalled  to  the  minds  of  all  what  had  been  previously 
decreed,  viz.,  that  vernacular  translations  of  the 
Bible  are  not  to  be  allowed  unless  they  are  approved 
by  the  Apostolic  See  or  edited  with  explanatory 
notes. 

Before  the  time  of  Luther's  innovations  the  Cath- 
olic Church  did  not  forbid  the  Scriptures  in  the  vul- 
gar tongue  to  the  laity,  except  in  France'in  the  12th 
and  13th  centuries,  because  of  the  Albigensian  her- 
etics, who  drew  from  them  most  abominable  and 
seditious  doctrines.  It  was  the  unheard-of  system 
of  private  interpretation,  brought  in  by  the  so-called 
reformers  in  disparagement  of  that  of  the  Church, 
that  caused  her  to  put  in  general  some  restrictions 
to  private  reading.  Before  Luther  was  heard  of,  no 
fewer  than  fifty-six  editions  of  the  Scriptures  had 
appeared  on  the  continent  of  Europe,  not  to  mention 
those  published  in  England.  Of  these  editions 
twenty-one  were  published  in  German;  one  in  Span- 
ish; four  in  French;  twenty-one  in  Italian;  five  in 
Flemish  and  four  in  Bohemian.  The  Vulgate  was 
the  Latin  popular  edition.     In  defense  of  the  faith 


124  THE   ROMAN  COURT. 

and  of  the  Scriptures  themselves,  the  Council  of 
Trent,  because  of  sad  experience,  as  it  says,  adopted 
the  fourth  rule  of  the  Index. 

Rule  IV.  "Since  by  experience  it  is  manifest,  if 
the  Holy  Bible  is  permitted  in  the  vulgar  language 
everywhere  without  distinction,  that  more  harm  is 
done,  because  of  the  temerity  of  men,  than  good;  in 
this  respect  let  it  be^left  to  the  judgment  of  the 
bishop  or  the  inquisitors  that  with  the  advice  of  the 
parish  priest  or  the  confessor  they  may  concede  the 
reading  in  the  vulgar  language  of  the  Bible  trans- 
lated by  Catholic  authors,  to  those  who  they  know 
will  receive  not  injury  but  an  increase  of  faith  and 
piety;  which  faculty  let  them  have  in  writing.  But 
he  who  without  such  faculty  shall  presume  to  read 
or  have  such  a  Bible,  shall  not  be  absolved  unless  it 
is  first  handed  over  to  the  ordinary."  Pope  Bene- 
dict XIV.  on  June  15,  1757,  through  the  Congrega- 
tion of  the  Index  decreed  that:  "If  such  transla- 
tions of  the  Bible  in  the  vulgar  tongue  have  been 
approved  by  the  Apostolic  See  or  edited  with  notes 
taken  from  the  Holy  Fathers  of  the  Church  or  from 
learned  and  Catholic  men,  they  are  allowed."  Thus 
also  the  decree  of  the  Congregation  of  the  Index  on 
January  7,  1836,  says  :  "The  vernacular  transla- 
tions of  the  Bible  are  not  to  be  permitted,  unless 
they  have  been  approved  by  the  Apostolic  See  or 
edited*  with  notes.  Prom  the  decree  of  Bene- 
dict XIV.  it  seems  that  no  permission,  not  even  the 
bishop's,  is  now  required  to  read  the  Bible  trans- 
lated into  any  vulgar  tongue,  provided  it  be  approved 
by  the  Apostolic  See  or  be  edited  with  notes.  In 
fact  common  usage   has  rendered  this  permission  so 


RULES   OE   THE   INDEX.  125 

unnecessary,  that  most  English-speaking*  people  will 
be  surprised  to  learn  there  ever  existed  a  necessity 
for  permission  to  read  the  Bible  in  the  vulgar 
tongues.  None  was  ever  needed,  as  was  said  above, 
to  use  the  Vulgate  edition. 

The  reigning  Pontiff,  Pope  Leo  XIII. ,  in  Novem- 
ber, 1893,  issued  an  encyclical,  Pfovidentissimus 
Deus,  whose  purpose  he  clearly  states :  "We  have 
for  a  long  time  cherished  the  desire  to  give  an 
impulse  to  the  noble  science  of  Holy  Scripture,  and 
to  impart  to  biblical  studies  a  direction  suitable  to 
the  needs  of  the  present  day.  We  desire  that  this 
great  source  of  Catholic  revelation  should  be  made 
abundantly  accessible  to  the  flock  of  Jesus  Christ, 
and  that  especially  those  in  Holy  Orders  should  dis- 
play greater  diligence  in  reading,  meditating  and 
explaining*  it."  "Booksellers,"  the  rule  continues, 
"who,  not  having  the  aforementioned  faculty,  shall 
sell  or  give  in  any  other  way,  Bibles  written  in  the 
vulgar  language,  shall  forfeit  the  price  of  the  books 
to  pious  uses  to  be  determined  by  the  bishop;  other- 
wise they  shall  be  subject  to  punishment  for  the 
measure  of  their  offense  according  to  the  judgment 
of  the  bishop.  Regulars  shall  not  read  or  buy  such 
Bibles  without  the  permission  of  their  superiors." 

120.  Rule  V.  "Those  books  which  are  published 
by  the  work  of  heretical  authors  and  which  contain 
little  or  nothing  of  their  own,  such  as  lexicons,  con- 
cordances, apothems,  similies,  indexes  and  such,  if 
they  contain  anything  which  should  be  omitted,  may 
be  permitted  when  such  parts  have  been  cut  out  by 
the  advice  of  the  bishop  and  the  inquisitor  together 
with  Catholic  theologians."     However,  if  such  books 


126  THE  ROMAN  COURT. 

have  been  placed  on  the  Index  "until  they  are  cor- 
rected," only  the  Congregation  of  the  Index,  and  not 
the  bishop  can  determine  what  corrections  are  neces- 
sary or  satisfactory.  The  reason  is,  that  the  higher 
court  always  retains  jurisdiction  when  once  it  has 
acted  in  a  matter.  This  rule  V.,  it  seems,  has  never 
been  observed  in  English-speaking-  countries,  nor 
can  it  be,  unless  with  extreme  loss  and  inconvenience. 

121.  Rule  VI.  "Books  in  the  vulgar  tongue  which 
treat  of  the  controversies  between  the  Catholics  and 
heretics  of  our  time,  should  not  be  permitted  indis- 
criminately; but  in  regard  to  them  what  is  ordered 
regarding  the  Bible  written  in  the  vulgar  tongue 
should  be  observed."  This  rule,  it  seems,  should 
be  restricted  to  the  "controversies of  our  time,"  that 
is,  of  the  sixteenth  century  when  the  rule  was  made. 
To-day  it  seems  impossible  to  observe  it,  at  least 
with  us.  In  fact,  the  practice  of  all  ages  since  that 
immediately  following  the  Council  of  Trent,  restricts 
the  rule  to  that  century.  "Books  which  are  written 
on  the  subject  of  rightly  living,  meditating,  confess- 
ing and  similar  subjects,  if  the}7  contain  sound  doc- 
trine, are  not  prohibited,  nor  are  popular  sermons  in 
the  vulgar  language.  If  heretofore  in  any  kingdom 
or  province  some  books  have  been  prohibited  because 
they  contain  some  things  which  it  is  not  expedient 
should  be  read  by  all,  if  their  authors  are  Catholics, 
they  can  be  permitted  by  the  bishop  and  inquisitor 
after  they  have  been  corrected." 

122.  Rule  VII.  "Books  which  professedly  treat, 
narrate  or  teach  lascivious  or  obscene  matters,  since 
regard  should  be  had  not  only  for  faith  but  also  for 
morals  which  are  easily  corrupted  by  the  reading  of 


RQIvES   OE    THE    INDEX.  127 

such  books,  are  absolutely  prohibited,  and  those  who 
keep  them  should  be  severely  punished  by  the 
bishops.  But  the  ancient  ones,  written  by  the 
pagans,  because  of  the  elegance  and  propriety  of 
their  composition,  are  permitted.  Children,  how- 
ever, should  not  be  allowed  to  read  them." 

Rule  VIII.  "Books  whose  principal  argument  is 
good,  but  in  which  some  things  are  inserted  inci- 
dentally concerning  heresy,  impiety,  divination  or 
superstition,  wThen  expurgated  by  Catholic  theologi- 
ans on  authority  of  the  General  Inquisition,  may  be 
allowed.  Let  there  be  the  same  judgment  concern- 
ing prefaces,  summaries  or  annotations  which  have 
been  affixed  by  condemned  authors  to  books  which 
are  not  prohibited,  and  hereafter  let  them  not  be 
issued  except  they  are  corrected." 

123.  Rule  IX.  "All  books  and  writings  on  geo- 
mancy,  hydromancy,  aeromancy,  pyromancy,  ono- 
mancy,  chiromancy,  necromancy,  or  which  contain 
sortilege,  venefice,  auguries,  auspices  or  incantations 
of  magic  art,  are  entirely  prohibited.  Bishops  should 
diligently  see  that  books,  treatises  or  indexes  on 
judiciary  astrology  are  neither  read  nor  kept,  which 
dare  to  affirm  that  something  will  occur  although  it 
depends  on  contingencies,  on  successes,  or  chance,  or 
on  those  actions  which  depend  on  the  human  will. 
But  judgments  and  observations  of  nature  which  are 
written  for  the  purpose  of  assisting  navigation, 
agriculture  or  medicine,  are  permitted." 

124.  Rule  X.  "In  the  publishing  of  books  and 
other  writings  let  what  was  ordered  in  the  Council  of 
Lateran  under  Leo  X.  be  observed.  Wherefore  if 
any  book  is  to  be  published   in  the  cherished  city  of 


128  THE   ROMAN   COURT. 

Rome,  let  it  first  be  examined  by  the  vicar  of  the 
Sovereign  Pontiff  and  the  master  of  the  Sacred  Pal- 
ace or  by  persons  to  be  deputed  by  His  Holiness.  But 
in  other  places  such  approval  and  examination  will 
pertain  to  the  bishop  or  to  some  one  who  has  a 
knowledge  of  the  book  or  writing  which  is  to  be 
published  and  who  is  deputed  by  the  bishop;  it  will 
pertain  also  to  the  inquisitor  of  heretical  pravity  of 
that  city  or  diocese  in  which  the  publishing  is  to  be 
done.  Moreover  let  it  be  approved  in  their  handwrit- 
ing gratuitously  and  without  delay  under  the  pen- 
alties and  censures  contained  in  the  same  decree,  this 
law  and  condition  being  added,  that  an  authentic 
copy  of  the  book  to  be  published  shall  be  left  with 
the  examiner  signed  by  the  hand  of  the  author." 

The  penalties  mentioned  above  were  excommuni- 
cation, loss  of  the  books  and  fines.  But  this  excom- 
munication was  limited  by  Pius  IX.  in  his  constitu- 
tion, Afostoliccc  Sedis,  of  the  year  1869,  so  that 
only  those  are  anathematized  who  without  the  appro- 
bation of  the  ordinary  print  or  cause  to  be  printed 
books  treating  of  sacred  things.  This  censure  is  in 
force  throughout  the  world.  It  should  be  noticed 
also  that  the  examination  and  approbation  of  a  book 
to  be  published,  pertain  to  the  ordinary,  not  of  the 
author,  but  of  the  place  of  publication.  Moreover 
both  the  examination  and  approval  are  to  be  given 
without  any  charge  whatever  and  without  unneces- 
sary delay. 

Approbation  cannot  be  refused  by  the  bishop  for 
the  reason  that  the  book  contains  opinions  different 
from  those  he  himself  holds;  but  only  because  the 
book  is  found  to  contain  what  is  opposed  to  sound 


IMPRIMATUR  .FOR    BOOKS.  129 

doctrine  or  g-ood  morals;  or  because,  considering- 
peculiar  circumstances,  it  is  judged  that  great  dam- 
age to  the  Church  will  be  the  effect  of  the  publica- 
tion. This  follows  from  the  constitution,  Sollicita, 
of  Benedict  XIV.  An  appeal  will  lie  ag-ainst  a 
bishop  who  unjustly  refuses  the  necessary  approba- 
tion of  a  book,  for  ag-ainst  any  unjust  grievance  an 
appeal  may  be  taken  to  hig-her  authority.  The 
approbation,  however,  which  the  law  requires,  is 
not  a  positive,  but  only  a  negative  one,  couched  in 
the  words,  "It  may  be  printed,"  "There  is  no  objec-' 
tion  to  printing-."  A  positive  approbation  would 
imply  that  the  bishop  also  assumes  responsibility  for 
the  opinions  of  the  author,  which  is  neither  required 
nor  wise. 

The  rule  continues:  "Those  who  publish  manu- 
scripts, unless  they  have  been  previously  examined 
and  approved,  the  deputed  Fathers  think  should  be 
subject  to  the  same  penalties  as  those  who  print; 
and  they  who  keep  or  read  the  manuscripts,  unless 
they  make  known  the  authors,  shall  be  considered 
the  authors.  The  approval  of  such  books  shall  be 
given  in  writing"  and  shall  authentically  appear  in 
the  beginning-  of  the  book  either  written  or  printed; 
the  approval  and  examination  and  all  else  shall  be 
done  gratis." 

125.  "Moreover,  in  each  city  and  diocese  the 
houses  or  places  where  printing-  is  done  and  the 
bookstores  should  be  visited  quite  often  by  the  per- 
sons deputed  for  that  by  the  bishop  or  his  vicar;  and 
also  by  the  inquisitor  of  heretical  pravity,  in  order  that 
nothing-  which  is  prohibited  may  be  printed  or  sold 
or  kept.     All  librarians  and  booksellers  shall  keep 


130  THE:   ROMAN   COURT. 

in  their  libraries  an  index  of  the  books  for  sale  with 
the  signature  of  the  aforementioned  persons,  nor 
shall  they  keep  or  sell  or  give  any  other  books  with- 
out the  license  of  the  same  persons  under  pain  of  loss 
of  the  books  and  other  punishment  at  the  option  of 
the  bishops  or  inquisitors.  Those  who  buy  or  read 
or  print  such  books  shall  be  punished  according  to 
the  will  of  the  same  persons.  If  people  bring*  any 
books  into  any  city  they  are  obliged  to  report  to  the 
same  deputed  persons;  or  if  a  public  place  is  set 
apart  for  such  sales,  the  keepers  of  such  public 
market  shall  report  to  those  persons  that  books  have 
been  brought  in.  Further  let  no  one  dare  give  or  in 
any^  other  way  dispose  of  or  lend  anyone  a  book 
which  he  has  brought  into  a  city,  unless  he  has  first 
shown  the  book  and  obtained  license  from  these 
deputed  persons,  or  unless  it  is  known  generally 
that  the  book  is  permitted.  Let  the  same  be 
observed  by  heirs  and  executors  of  last  wills,  that 
they  may  bring  to  the  persons  deputed  the  books 
or  a  catalogue  of  them  left  by  deceased  persons,  and 
obtain  a  license  before  they  use  them  or  transfer  them 
in  any  way  to  other  persons.  In  all  and  each  of 
these  matters  let  a  punishment  be  established,  either 
the  loss  of  the  books,  or  some  other,  according  to  the 
judgment  of  the  bishops  or  inquisitors,  in  proportion 
to  the  contumacy  or  the  fault." 

The  part  of  rule  X.  of  the  Index  which  begins 
with  the  word  "Moreover,"  and  all  of  it  contained  in 
this  our  number  125,  cannot  be  observed  in  English- 
speaking  countries  or  scarcely  anywhere  else  at  the 
present  time.  It  supposes >the  union  of  Church  and 
State  which  existed  when   the  rule  was  compiled. 


RUIvKS   IN   ABEYANCE.  131 

Hence  practically  it  is  in  abeyance,  even  though 
theoretically  all  the  rules  of  the  Index  should  be 
considered  binding-  on  all  the  faithful. 

126.  *  'Concerning  the  books  which  the  deputed 
Fathers  have  examined  or  corrected  or  given  to  be 
corrected,  or  have  allowed  to  be  reprinted  on  certain 
conditions,  whatever  they  have  enacted,  let  both 
booksellers  and  others  observe.  However,  bishops 
and  general  inquisitors,  according-  to  the  faculties 
they  have,  may  prohibit  also  those  books  which  by 
these  laws  seem  to  be  permitted,  if  they  judge  this 
to  be  expedient  in  their  kingdoms,  provinces  or  dio- 
ceses. The  secretary  of  the  deputed  Fathers  shall, 
according-  to  the  order  of  His  Holiness,  send  to  the 
notary  of  the  Sacred  Universal  Inquisition  the  names 
both  of  the  books  which  have  been  corrected  by  the 
deputed  Fathers,  and  of  those  to  whom  they  have 
assigned  this  work." 

"Finally  to  all  the  faithful  a  precept  is  issued 
that  no  one  dare  read  or  keep  any  books,  contrary  to 
the  prescription  of  these  rules  or  the  prohibition  of 
this  Index.  And  if  anyone  shall  read  or  keep  t.he 
books  of  heretics,  or  the  writings  of  any  author 
which  are  condemned  and  prohibited  because  of 
heresy  or  because  of  the  suspicion  of  false  dogma, 
immediately  he  shall  incur  the  sentence  of  excommu- 
nication. But  he  who  shall  read  or  keep  books  pro- 
hibited by  another  title,  besides  the  guilt  of  mortal 
sin  which  he  incurs,  shall  be  severely  punished 
according  to  the  judgment  of  the  bishop." 

127.  The  excommunication  mentioned  above  has 
been  modified  by  Pope  Pius  IX.  in  his  constitution, 
Apostolicce    Sedls,    so    that    now   excommunication 


132  THE   ROMAN  COURT. 

specially  reserved  to  the  Pope  is  incurred  if>so  facto 
only  by  "all  those  who  knowingly  read,  without  the 
authority  of  the  Apostolic  See,  the  books  of  apos- 
tates and  heretics,  which  defend  heresy;  or  the  books 
of  any  author  which  have  been  by  name  prohibited 
by  apostolic  letters;  and  also  those  who  print,  keep 
or  in  any  way  defend  these  same  books."  On  which 
it  may  be  remarked,  that  to  be  subject  to  this  cen- 
sure one  must  knowingly  read  books — which  term 
does  not  include  papers  or  manuscripts — and  such 
books  must  not  only  contain  some  heresy,  but  be 
written  to  defend  heresy.  Reading-  books  written 
by  infidels  will  not  subject  one  to  this  excommuni- 
cation, even  though  the  books  contain  heresy.  Fur- 
ther, the  books  prohibited  or  placed  on  the  Index  by 
decrees  of  the  Congregation  of  the  Index  or  of  the 
Holy  Office  are  not  the  ones  meant  in  the  censure; 
but  only  those  which  are  prohibited  by  apostolic 
letters,  such  as  briefs  or  enclyclicals. 

128.  Besides  the  books  prohibited  by  the  ten  rules 
of  the  Index  and  those  prohibited  by  name  in  apos- 
tolic letters,  certain  classes  of  books  and  writing's 
are  forbidden,  among-  which  may  be  mentioned: 
"Books  which  are  used  in  heretical  worship;  all 
books  of  indulgences  which  are  published  without  the 
approval  of  the  Sacred  Cong-reg-ation  on  Indulgences; 
all  ecclesiastical  blessing's  unless  they  have  been 
approved  by  the  Sacred  Cong-reg-ation  of  Rites. 
Further,  no  litanies  except  the  most  ancient  and 
common  ones  which  are  found  in  breviaries,  missals, 
pontificals  and  rituals  and  except  the  litany  of  the 
Blessed  Virg-in  Mary  which  is  sung-  in  the  house  of 
Loretto,    shall    be    published    without    the    revision 


OTHER    PROHIBITIONS.  133 

and  approbation  of  the  ordinary,  nor  shall  they  be 
publicly  recited  in  churches,  public  oratories  or  pro- 
cessions, without  the  license  and  approbation  of  the 
Sacred  Congregation  of  Rites;  however,  in  the  year 
1862  the  public  recitation  of  the  litany  of  the  Holy 
Name  of  Jesus  was  authorized  for  certain  dioceses, 
provided  it  be  recited  in  Latin. 

129.  In  the  Vatican  Council  of  1870  many  petitions 
were  presented  by  bishops  of  France,  Germany  and 
Italy  praying-  that  the  rules  of  the  Index 
might  be  amended.  They  asked,  "that  the  rules  of 
the  Index,  which  partly  in  mixed  regions  could  never 
be  observed  at  all,  and  partly  on  account  of  the 
entirely  changed  state  of  human  society,  especially  in 
literary  affairs,  at  the  present  time  can  be  observed 
scarcely  anywhere,  and  therefore  give  rise  to  many 
anxieties  of  conscience  and  doubts  of  confessors,  may 
be  submitted  to  revision  and  republication." 

No  action,  however,  was  taken  in  the  matter  be- 
fore the  interruption  of  the  council,  and  in  the  mean- 
time it  must  be  held  that  the  rules  of  the  Index  and 
the  decrees  of  the  Sacred  Congregation  are  both 
directive  and  obligatory  in  every  place  on  all  the 
faithful,  so  that  all  are  obliged  to  obey  them,  unless 
a  moral  impossibility  prevents,  or  the  tolerance  of  the 
Holy  See,  because  of  the  times,  allows  the  rigor  of 
the  law  to  be  somewhat  relaxed. 

No  Catholic  can  doubt  the  right  of  the  Sovereign 
Pontiff  to  proscribe  and  interdict  dangerous  books, 
and,  as  a  matter  of  fact,  various  Roman  Pontiffs 
have  from  time  to  time  declared  the  laws  of  the  Index 
binding  on  all  the  faithful.  Thus  Benedict  XIV.  in 
his  constitution,  ^jice  ad  Calholicce,  of  the  year  1757, 


134  THE    ROMAN   COURT. 

decreed  that,  **  these  rules  should  be  inviolably 
observed  everywhere  by  all  and  everyone,  notwith- 
standing- usag*e,  writing's  and  customs,  even  imme- 
morable,  or  anything-  else  to  the  contrary."  Ag-ain 
in  his  encyclical  letter  of  March  8,  1844,  Pope  Greg-- 
ory  XVI.  declares  that,  "the  g-eneral  rules  and 
decrees  which  are  prefixed  to  the  Index  of  prohibited 
books  must  be  observed,  and  therefore  the  faithful 
must  avoid  not  only  those  books  which  by  name  are 
placed  on  the  Index,  but  also  those  which  are  men- 
tioned in  the  aforesaid  g-eneral  prescriptions." 
Finally  in  the  last  edition  of  the  Index  published  in 
Rome  in  1877  by  order  of  Pope  Pius  IX.,  and  under 
care  of  the  secretary  of  the  Congregation,  the  follow- 
ing" was  inserted:  "Both  the  rules  of  the  Index, 
edited  by  order  of  the  Holy  Council  of  Trent,  and 
the  other  subsequent  additions,  remain  firm  and  in 
full  force,  only  those  points  excepted  which  do  not 
agree  with  the  articles  of  the  constitution,  Aftos- 
lolicoe  Sedis."  These  modifications  were  pointed 
out  above,  and  reg-ard  the  censures  for  reading-  or 
printing-  certain  books. 

130.  Thus  it  will  be  seen  that  the  rules  of  the 
Index  and  the  decrees  of  the  Sacred  Congreg-ation 
are  in  themselves  of  obligation  everywhere  through- 
out the  Church.  If  some  of  them  are  not  every- 
where observed,  it  is  owing-  to  the  times  in  which  we 
live  and  the  circumstances  whereby  we  are  sur- 
rounded, which  render  such  observance  morally 
impossible.  Thus  in  English-speaking-  countries 
rules  five,  six  and  eig-ht  seem  to  be  in  abeyance  as 
positive  law.  Nor  is  it  to  be  supposed  that  a  few  are 
obliged  with  great  inconvenience  to  observe  a  posi- 


OBLIGATION   OF    THE   INDEX.  135 

tive  law  or  parts  of  it,  when  the  vast  majority  neglect 
or  claim  exemption  from  its  obligation. 

But  since  books  are  prohibited  by  the  Index 
chiefly  because  they  are  pernicious  and  the  immediate 
occasion  of  perversion  or  of  sin,  and  since  by  natural 
law  everyone  is  obliged  to  avoid  such  a  danger,  it 
follows  that,  even  though  all  the  rules  of  the  Index 
are  not  observed,  nevertheless  the  reading  of  books 
placed  on  the  Index  is  prohibited  under  pain  of 
mortal  sin  at  least  in  general.  Thus,  not  even  with 
the  express  permission  of  the  Apostolic  See  can  a 
book  be  read  which  one  knows  will  be  the  occasion 
of  one's  perversion.  On  the  same  principle  news- 
papers may  be  even  more  dangerous  and  pernicious 
to  faith  and  morals  than  books;  and  therefore  how- 
ever silent  positive  law  may  be  regarding  them,  the 
natural  law  forbids  the  printing  and  reading  of 
immoral  and  infidel  papers. 

131.  The  Congregation  of  the  Index  was  insti- 
tuted for  the  purpose  of  aiding  the  enforcement  of 
the  natural  law  by  warding  off  danger  from  the 
faithful,  which  might  come  through  evil  or  dangerous 
books.  Books  may  be  dangerous  to  some  and  not  to 
others.  The  positive  law  of  the  Index  binds  all, 
even  priests,  bishops  and  the  cardinals  themselves 
who  are  members  of  the  Congregation.  But  since 
what  may  be  dangerous  in  general,  may  not  be  dan- 
gerous to  some  particular  persons,  and  since  it  may 
be  necessary  or  advisable  for  some  of  these  persons 
to  read  prohibited  books,  license  or  faculty  for  that 
purpose  may  be  obtained  from  the  Sovereign  Pontiff 
or  the  Congregation  of  the  Index.  Bishops  cannot 
grant  such  permission  unless  they   have  delegated 


136  THE   ROMAN   COURT. 

jurisdiction  for  the  purpose;  because  the  law  of  the 
Index  is  a  pontifical  law,  from  which  dispensation 
can  be  granted  by  no  one  inferior  to  the  Sovereign 
Pontiffs  who  prescribe  its  observance.  This  is 
expressly  decreed  by  Urban  VIII.  in  his  constitu- 
tion A postolatas  Officium,  and  by  Julius  III.  in  his 
constitution  Cum  meditatio  Cordis. 

132.  While  the  Apostolic  See  claims  and  exercises 
the  right  of  proscribing-  certain  books,  still  it  does 
not  follow  that  no  one  else  may  point  out  dangerous 
books.  The  Apostolic  See  does  this  with  plenary 
authority;  others  may  do  the  same  by  way  of  advice 
or  through  delegated  authority,  if  necessity  or  pru- 
dence dictates  such  action.  "For,"  as  Zaccaria  says 
in  his  work,  Storia  Pole-mica  delle  ftrohibitioni  de' 
libri,  "as  soon  as  a  work  appears  in  public  every 
learned  man  has  the  right  to  express  his  opinion  con- 
cerning it.  He  may  censure  it,  but  his  censure  is  a 
private  one." 

Public  censure  of  a  book  supposes  jurisdiction  in 
the  external  forum  of  the  Church.  Hence  parish 
priests,  who  have  jurisdiction  only  in  the  internal 
forum,  have  no  authority  to  publicly  prohibit  any 
book,  though  they  may  announce  the  prohibitions 
made  by  proper  authority.  Neither  have  univer- 
versities  or  their  doctors;  for  although  the  celebrated 
Gerson,  chancellor  of  the  Sarbonne,  claimed  that 
doctors  and  licentiates  have  such  power,  Zaccaria 
wisely  says:  "John  Gerson,  in  his  treatise,  On  the 
Examination  of  Doctrines,  extols  too  highly  the 
power  of  licentiates  and  doctors  in  theology,  when 
he  contends  that  by  the  Apostolic  See  it  has  been 
granted  them  that  in  every  place   they  may  read, 


WHO   MAY   CENSURE}   BOOKS.  137 

dispute,  teach  and  -prohibit  bad  books',  although  he 
confesses  that  this  power  of  theirs  is  subject  to  the 
immediate  bishops  and  for  a  just  cause  may  be 
impeded  by  them.  For  the  faculty  which  the  said 
laureates  receive  from  the  chancellor,  at  most  makes 
them  apt  so  that  they  may  be  chosen  and  deputed  by 
the  pastors  of  the  Church,  that  is,  the  bishops,  as 
examiners  and  consultors  in  regard  to  books  and 
propositions;  but  by  their  degree  they  are  not  made 
pastors  with  whom  alone  resides  the  authoritative 
and  authentic  power  of  condemning  books." 

133.  For  the  same  reason  prelates  of  religious 
orders,  if  they  are  not  bishops,  have  no  authority  to 
prohibit  books  as  judges  of  faith;  although  their  pro- 
hibitions regarding  books  are  truly  obligatory  in 
conscience  on  their  subjects  by  virtue  of  religious 
obedience. 

But  bishops,  because  they  have  been  placed  by 
the  Holy  Ghost  to  rule  the  Church  of  God,  have 
power  to  prohibit  books,  papers  and  other  writings, 
each  in  his  own  diocese.  "Still  it  is  nearly  always 
expedient  not  to  use  this  power,"  as  Zaccaria  tries 
to  show.  The  bishop  has  ordinary  jurisdiction  in 
his  diocese;  he  is  the  judge  of  faith,  not  indeed  in- 
fallible, but  as  it  were  in  the  first  instance,  and  on 
him,  as  a  true  and  properly  called  pastor,  it  is  incum- 
bent to  ward  off  everything  hurtful  from  the  sheep 
committed  to  him.  Hence  from  this  it  follows  that 
he  has  the  power  of  prohibiting  the  reading  and 
printing  of  noxious  books. 

"That  it  is  nearly  always  expedient  not  to  use 
this  power,"  Zaccaria  tries  to  show  by  saying: 
"The  prohibitions  of  books  pronounced  by  particular 


138  THE   ROMAN   COURT. 

bishops  bring-  along  a  twofold  inconvenience;  the  one 
is,  that  such  prohibitions  have  no  weight  outside 
their  own  dioc*eses;  the  other,  that  even  in  their  own 
dioceses  they  have  not  full  and  absolute  force.  For, 
since  bishops,  although  judges  of  faith,  are  never- 
theless fallible,  such  prohibitions  pronounced  by 
them  are  easi^  liable  to  contradictions  and  lawsuits. 
This  especially  happens  when  bishops  prohibit  books 
because  of  propositions  related  to  errors  already 
condemned,  but  which  propositions  are  still  tolerated 
in  the  whole  Church  and  seem  capable  of  being 
defended  somewhat  licitly." 

134.  But  on  the  other  hand,  the  tenth  rule  of  the 
Index  explicitly  gives  bishops  the  faculty  of  prohib- 
iting books  in  their  dioceses,  if  they  judge  it  expe- 
dient; and  it  further  expresses  reliance  on  the 
bishops  that  they  will  see  to  the  observance  of  the 
prescriptions  of  the  Index  by  punishing  those  who 
violate  them.  In  the  present  century  also,  on  March 
26,  1825,  Pope  Leo  XII.  issued  an  instruction,  which 
is  placed  after  the  rules  of  the  Index,  asking 
all  patriarchs,  archbishops  and  bishops,  "that, 
because  it  is  quite  impossible  to  place  on  the  Index 
all  the  noxious  books  which  are  incessantly  issued, 
they  should  endeavor  to  take  them  out  of  the  hands 
of  the  faithful  by  their  own  authority,  and  that  the 
faithful  themselves  should  be  taught  by  them  what 
kind  of  food  they  should  deem  salutary  for  them- 
selves and  .what  kind  noxious  and  deadly." 

This  latter  clause  indeed  seems  necessary  in  the 
present  circumstances;  for,  with  absolute  liberty  of 
the  press,  and  with  mixed  communities  such  as 
inhabit  nearly  all  English-speaking  countries,   with, 


INDEX   NOT   INFALLIBLE}.  139 

moreover,  the  universal  habit  and  desire  of  people  to 
spend  much  time  in  reading-,  it  seems  impossible  to 
do  much  better  than  thoroughly  instruct  the  faith- 
ful in  regard  to  the  kind  of  mental  food  they  should 
seek,  and  the  kind  they  should  avoid.  For  the 
immense  number  of  books  of  every  nature  renders  an 
authoritative  judgment  on  them  impossible. 

135.  The  decrees  issued  by  the  Sacred  Congrega- 
tion of  the  Index  are  mostly  disciplinary.  They 
prohibit  the  reading  or  printing  or  keeping  of  cer- 
tain books,  because  either  they  are  bad  in  themselves 
or  on  account  of  circumstances  are  considered  dan- 
gerous. But  while  proscribing  books,  the  Congre- 
gation does  not  expressly  define  that  such  or  such  a 
proposition  is  to  be  held  or  rejected. 

Moreover  the  prohibitions  of  books  made  by  the 
Congregation  of  the  Index  are  not  infallible,  so  that 
it  can  happen  that  a  book  is  prohibited  which  is 
neither  bad  nor  hurtful  and  therefore  should  not  be 
prohibited.  Such  a  case,  however,  is  rare,  but  the 
possibility  of  it  occurring  does  not  remove  the  obli- 
gation of  obedience  on  the  part  of  the  faithful;  for 
the  general  good  demands,  and  the  natural  law 
exacts,  that  the  prohibitions  of  legitimate  authority 
should  be  obligatory  even  when  by  error  something 
is  prohibited  as  bad  or  noxjous  which  really  is  not 
such.  Concerning  this  case  St.  Ligourisays:  "We 
confess  indeed  that  in  the  condemnation  of  books, 
errors  and  frauds  may  intervene,  as  in  all  other 
human  judgments,  but  what  then  ?  Is  therefore 
legitimate  authority  to  be  disobeyed  ?  This  one  con- 
clusion only  can  thence  be  drawn,  namely,  that 
honest  and   experienced  censors  should  be  selected." 


CHAPTER  IV. 

THE  CONGREGATION   ON   STUDIES. 

136.  Since  the  Church  has  the  rig-ht  of  exercising- 
vigilance  over  the  literary  and  scientific  instruction 
of  the  faithful,  especially  in  order  that  youth  may 
not  incautiously  be  imbued  with  errors  ag-ainst  faith 
and  morals,  and  since  chiefly  in  sacred  matters  she 
should  have  a  great  care  that  truth  and  purity  of 
faith  be  not  depraved;  rig-htly  has  she  claimed  the 
office  and  duty  of  directing-  and  reg-ulating-  the  pro- 
vince of  studies,  and  wisely  has  she  instituted  a 
special  Congregation  for  this  purpose. 

Because  the  Congreg-ation  on  Studies  tends  to  pre- 
serve the  faith  and  g-uard  the  faithful  ag-ainst 
relig-ious  error,  it  may  be  grouped  with  the  Congre- 
g-ations  of  the  Inquisition  and  the  Index,  and  be 
treated  before  the  Congregations  which  have  been 
established  for  the  g-uidaiice  of  Catholic  worship  and 
the  preservation  of  ecclesiastical  discipline. 

137.  The  Church  has  not  received  a  divine  com- 
mission to  teach  science  and  literature;  but  she  has 
received  a  broad  and  unlimited  commission  from 
Jesus  Christ  to  preach  the  Gospel  to  every  creature 
and  to  teach  men  to  observe  whatsoever  he  has  com- 


ORIGIN  OF   UNIVERSITIES.  141 

manded.  While,  therefore,  she  should  keep  strictly 
within  her  commission,  nevertheless  she  has  not  only 
the  right  but  the  duty  to  use  the  most  advantageous 
means  for  the  spreading  of  the  Gospel  and  the  incul- 
cation of  divine  faith  in  individual  souls.  Knowl- 
edge is  a  preparation  for  faith,  and  correct  informa- 
tion removes  many  obstacles  which  prevent  people 
from  believing.  Hence  we  find  that  when  studies 
were  dormant,  if  not  dead,  throughout  Europe  after 
the  inroads  of  the  barbarians,  the  Church  appointed 
a  teacher  in  all  cathedral  churches,  and  founded 
and  nourished  schools  both  in  chapters  and  in  mon- 
asteries. 

138.  Out  of  these  schools  grew  other  schools,  each 
renowned  for  its  specialty  in  the  sciences  and  all 
noted  for  a  spirit  of  practical  liberty  and  independ- 
ence. The  cathedral  and  monastic  schools  were 
under  the  immediate  and  absolute  control  of  the 
bishop  or  of  the  abbot,  but  the  later  specialized 
schools  of  law,  of  medicine,  of  philosophy  and  of  theo- 
logy soon  became  self-governed  corporations.  Thus 
by  the  process  of  evolution,  the  early  monastic  and 
cathedral  schools  developed  into  celebrated  univer- 
sities. Salerno,  noted  for  medicine,  Bologna,  for 
law,  Paris,  for  philosophy  and  theology,  as  well  as 
Oxford,  had  this  origin. 

The  Church  did  not  found  these  early  universi- 
ties, but  she  blessed  and  approved  them.  Democratic 
in  their  tendency,  liberal  in  their  spirit,  it  required 
the  strength  of  papal  recognition  to  give  them  and 
their  degrees  universal  endorsement,  not  only  in  the 
communes  and  free  cities,  but  also  at  the  courts  of 


142  THE   ROMAN   COURT. 

king's.  The  earliest  documents  coming-  from  the 
Holy  See  in  recognition  of  these  universities  suppose 
them  to  have  been  long-  in  existence,  and  are  not 
charters  of  foundation. 

139.  While,  however,  the  Church  did  not  found 
directly  these  early  universities,  still  in  many 
respects  they  retained  the  ecclesiastical  character  of 
the  schools  from  which  they  were  evolved.  For  the 
rector  and  chief  officers  were  clerics;  the  costume  of 
the  masters  and  students  was  clerical;  degrees  were 
granted  by  apostolic  authority  after  a  profession  of 
faith  by  the  candidate;  the  doctor's  graduation  took 
place  in  the  church  and  was  followed  usually  by  a 
Mass  of  thanksgiving-  and  the  solemn  sing-ing-  of  the 
Te  Deum 

Ag-ain,  when  the  Holy  See  approved  these  univer- 
sities and  granted  them  special  privileg-es  and  ex- 
emptions, it  obtained  thereby,  and  exercised  immedi- 
ate jurisdiction  over  them,  through  a  chancellor 
specially  appointed  to  grant  degrees  and  to  govern 
conjointly  with  the  various  faculties.  The  older 
universities,  because  of  their  numerous  and  peculiar 
privileges,  had  also  special  conservators  of  pontifical 
privileges,  whose  chief  duty  was  to  defend  in  the 
name  of  the  university  these  privileges  and  exemp- 
tions granted  by  the  Holy  See,  whenever  any 
encroachment  was  threatened  by  the  civil  or  the 
local  ecclesiastical  authority. 

Moreover,  universities  were  often  consulted  by 
bishops  and  Popes,  and  as  corporate  bodies  they 
were  allowed  to  sit  and  vote  in  ecumenical  as  well  as 
in  provincial  councils.  They  had  also  the  right  of 
censuring  (but  not  of  prohibiting)   books,  especially 


UNIVERSITY   DEGREES.  143 

of  their  own  members,   and   some  had  the  right  of 
inquisition  against  heresy. 

140.  The  later  universities  were  not  evolutions  or 
spontaneous  growths  like  Oxford,  Paris,  Salerno  and 
Bologna,  but  they  were  direct  foundations.  As  they 
arose,  they  always  sought  the  approbation  of  the 
Apostolic  See,  and  from  it  received  their  constitu- 
tions and  a  chancellor.  The  Pope  was  for  them  all 
the  supreme  arbiter  in  important  matters  as  well  as 
a  referee  in  questions  of  lesser  moment.  A  special 
tie  thus  bound  them  to  the  Holy  See.  Before  the 
Reformation  there  were  in  Europe  sixty-six  univer- 
sities, sixteen  of  which  belonged  to  Germany,  all 
due,  if  not  to  the  direct  foundation,  at  least  to  the 
approval  and  encouragement  of  the  Roman  Pontiffs. 

Protestantism  took  away  from  the  Holy  See  the 
control  of  the  universities  in  all  countries  which  for- 
sook the  unity  of  faith;  but  after  recovering  from  the 
shock  of  the  Reformation  and  the  ravages  of  the 
bloody  wars  which  it  entailed,  the  Church  set  about 
the  re-establishment  of  her  cherished  institutions  and 
powerful  auxiliaries.  Not  to  speak  of  the  numerous 
theological  seminaries  established  in  and  out  of 
Rome  in  consequence  of  the  Council  of  Trent,  there 
were  thirty  universities  founded  by  the  Church  in 
various  parts  of  Europe  between  the  years  1552  and 
1834;  and  since  this  latter  date  there  must  be  added 
to  the  number,  the  universities  of  Lille,  Paris,  Lyon, 
Angers,  Priborg,  Ottawa,  Laval,  Washington. 

141.  The  Congregation  for  Studies  was  institute^ 
by  Pope  Sixtus  V.  in  the  year  1587  that  there  might 
be  a  competent  tribunal  for  the  settlement  of  all 
questions  which  might  be  referred  to  the  Apostolic 


144  THE   ROMAN   COURT. 

See  by  these  universities  regarding  their  rights, 
privileges,  exemptions;  and  that  through  it  at  the 
same  time  new  institutions  of  learning  might  be 
founded  throughout  the  Christian  world  which  might 
greatly  assist  in  the  work  of  stemming  the  tide'  of 
heresy  and  infidelity  and  of  spreading  the  true  doc- 
trine of  Christ.  The  Congregation  is  composed  of 
twenty-six  cardinals,  one  of  whom  is  its  prefect,  and 
it  has  a  secretary  chosen  from  the  Roman  prelates. 

Eleven  consultors  and  six  officials  are  attached  to 
it.  These  officials  are  not  clerics.  Its  office  at  the 
present  time  is  number  8  Via  S.  Apollinare. 

The  power  of  this  Congregation  was  very  great, 
especially  in  the  pontifical  states,  as  we  learn  from 
the  constitution  of  Leo  XII.  J%jwd  divina  saf>ientia\ 
and  on  it  all  universities  depended.  But  with  the 
changed  conditions  of  our  times,  the  chief  work  of 
the  Congregation  is  to  examine  and  approve  the 
establishment  of  new  Catholic  universities  in  various 
regions,  and  formulate  constitutions  and  rules  for 
them  in  regard  to  the  establishment  of  chairs  and  the 
conferring  of  academic  degrees.  Questions,  also, 
which  may  arise  respecting  the  privileges  of  Catho- 
lic universities  already  existing  are  referred  to  this 
Congregation  for  examination  and  settlement. 

Thus  if  a  complaint  were  made  that  a  Catholic 
university  was  conferring  degrees  on  ignorant  or 
unworthy  men,  such  complaint  would  be  referred  to 
the  Congregation  on  Studies.  By  a  Catholic  univer- 
sity is  meant  one  which  confers  degrees  by  apostolic 
authority.  Universities  which  are  Catholic  in  name, 
but  confer  degrees  only  by  state  or  civil  authority, 
are  not  amenable  to  this  Congregation  and  may  give 


UNIVERSITY   DEGREES.  145 

their  honorary  degrees,  as  they  sometimes  do,  to  in- 
competent men  without  any  other  punishment  than 
that  which  arises  from  the  well-directed  disgust  of 
the  educated  classes.  Degrees  conferred  by  any 
other  than  apostolic  authority  are  not  recognized  by 
the  Church,  and  laureates  of  that  kind  are  not 
entitled  to  any  canonical  privileges. 


CHAPTER  V. 

THE   CONGREGATION   OE   RITES. 

142.  Worship  is  the  expression  of  faith;  and  as 
faith  should  be  exact  and  sure,  so  should  the  external 
acts  by  which  it  is  professed  be  strictly  in  accord 
with  what  we  are  obliged  to  believe.  Hence  the 
Church  has  always  been  careful  of  her  rites  and  cer- 
emonies, and  jealously  has  warded  off  all  attempts 
by  private  persons  to  attach  their  peculiar  ideas  to 
her  public  worship.  Still  with  all  her  care,  the 
Council  of  Trent  found  it  advisable  to  recommend  to 
the  Sovereign  Pontiff  a  reformation  of  ecclesiastical 
ceremonies  and  sacred  rites.  Acceding-  to  this 
request,  Pope  Sixtus  V.  in  the  oft-quoted  constitu- 
tion, Immensa,  of  January  22,  1587,  instituted  a 
special  Congregation  of  cardinals  which  was  called 
the  Sacred  Congreg-ation  of  Rites. 

143.  The  Pontiff  himself  expresses  the  office  and 
work  intended  for  this  Congreg-ation  when  he  says: 
4 'We  have  chosen  some  cardinals,  whose  care  it  shall 
be  to  see  that  the  ancient  sacred  rites  are  dilig-ently 
observed  by  all  persons  everywhere,  in  all  churches 
of  the  city  and  the  world,  even  in  our  pontifical 
chapel,  in  Masses,  divine  offices,  the  administration 
of  the  sacraments  and  other  thing's  pertaining*  to 
divine  worship;  to  see  that  ceremonies  are  restored 
if  they  have  been  neglected,  that  they  are  reformed 

X46 


WORK   OF   CONGREGATION.  147 

if  they  have  been  depraved;  further,  they  are  to 
reform  and  amend,  if  need  be,  books  on  sacred  rites 
and  ceremonies,  especially  the  pontifical,  ritual  and 
ceremonial;  the}7  are  to  examine  the  divine  offices  of 
saints,  and,  We  being-  first  consulted,  they  may  grant 
them.  Likewise  they  are  to  exercise  diligent  care  in 
regard  to  the  canonization  of  saints  and  the  celebra- 
tion of  feast  days,  that  all  may  be  done  rightly  and 
religiously  and  according-  to  the  tradition  of  the 
Fathers;  they  are  also  to  take  thought  and  sedu- 
lously provide  that  king's  and  princes  and  their  rep- 
resentatives and  other  persons,  also  ecclesiastics, 
coming"  to  the  city  and  the  Roman  Court,  shall  be 
received  honorably  in  the  manner  of  our  predecessors, 
for  the  sake  of  the  dignity  and  benignity  of  the 
Apostolic  See.  Moreover  they  shall  consider,  sum- 
marily terminate  and  settle  all  controversies  concern- 
ing- precedence  in  processions  and  elsewhere,  as  well 
as  all  other  difficulties  of  this  kind  incident  to  rites 
and  ceremonies."  The  work  therefore  of  this  Con- 
gregation is  twofold,  first  in  regard  to  causes  of 
beatification  and  canonization;  then  in  regard  to  all 
other  things  which  concern  rites,  ceremonies  and 
divine  worship.  But,  although  it  participates  in 
discussing-  causes  of  beatification  and  canonization, 
still  its  office  is  not  to  decree  beatification  or  canoni- 
zation. This  decree  the  Sovereign  Pontiff  himself 
issues  in  Consistory,  having  first  heard  the  opinion  of 
all  the  cardinals  and  bishops  present  in  Rome. 

144.  As  the  work  of  the  Congregation  of  Rites  is 
twofold,  so  is  the  Congregation  itself  twofold;  the 
one  called  the  ordinary  for  sacred  rites  and  for  decid- 
ing controversies  of  precedence;    the  other  called  the 


148  THE   ROMAN  COURT. 

extraordinary  for  the  canonization  or  beatification  of 
saints.  To  both  the  same  cardinals  are  assigned  by 
the  Sovereign  Pontiff;  but  the  prelates  and  inferior 
officials  are  not  all  the  same.  The  number  of  cardi- 
nals belonging  to  the  Congregation  is  not  definite, 
but  depends  on  the  reigning  Pontiff.  At  present 
thirty-five  cardinals  are  assigned  to  it,  sixteen  of 
them  being  bishops  of  residential  sees.  One  of  the 
resident  cardinals  is  chosen  prefect  by  the  Holy 
Father,  and  the  secretary  is  taken  from  the  prelates 
of  the  Court,  as  is  also  an  ecclesiastic,  who  fills  the 
office  of  fiscal  promoter  and  is  called  the  promoter 
of  the  faith.  He  has  an  assistant  who  is  called  the 
assessor,  or  sub-promoter  of  the  faith.  There  is 
also  a  chancellor,  not  a  cleric,  and  a  hymnographer, 
whose  duty  it  is  to  arrange  and  correct  the  offices  of 
saints  and  other  such  matters.  Moreover  there  are 
thirty-one  consul  tors  appointed  for  this  Congrega- 
tion, among  whom  certain  ones  are  ex-officio  con- 
suitors  and  are  therefore  called  prelate  officials. 
They  are  the  sacristan  of  the  Pope,  the  master  of 
the  apostolic  palace,  the  three  senior  auditors  of  the 
Rota,  the  pontifical  auditor,  the  assessor  of  the  Holy 
Office,  and  one  of  the  participating  protonotaries 
apostolic.  The  other  consultors  are  chosen  from 
both  the  secular  and  the  regular  clergy;  those  from 
the  regular  clergy  being  taken,  one  from  the 
Dominicans,  one  from  the  Minor  Observants,  one 
from  the  Society  of  Jesus,  one  from  the  Minor  Con- 
ventuals, one  from  the  congregation  of  Regular 
Barnabite  Clerics,  one  from  the  Redemptorists,  and 
one  from  the  order  of  Servants  of  the  Blessed  Virgin 
Mary.     The   first  and  second   master   of   apostolic 


OFFICIALS   OF   CONGREGATION.  149 

ceremonies  also  assist,  and  sometimes  when  there  is 
question  of  sacred  rites  their  vote  is  requested. 

1.45.  The  method  of  proceeding-  in  the  ordinary 
Congregation  is  different  from  that  of  the  extraor- 
dinary. In  the  ordinary  Congreg-ation  the  causes 
are  prepared  in  writing-,  in  folio  as  it  is  called,  and 
some  days  before  the  meeting-  printed  copies  of  the 
cause  are  distributed  to  the  cardinals.  The  Con- 
gregation being-  g-athered  in  the  apostolic  palace,  the 
cardinal  who  was  appointed  to  propose  the  cause, 
and  who  is  called  the  proponent,  states  the  case. 
Only  the  cardinals  have  a  vote,  but  the  others  reply 
to  questions.  When  a  decision  or  resolution  has 
been  reached  the  secretary  refers  the  matter  to  the 
Sovereig-n  Pontiff,  and  if  he  approves  it,  a  decree  in 
authentic  form  is  drawn  up,  subscribed  by  the  car- 
dinal-prefect and  the  secretary  and  fortified  by  the 
seal  of  the  Congreg-ation. 

146.  In  this  ordinary  Congregation  two  kinds  of 
business  are  transacted;  the  one  in  a  gracious  and 
pacific  way,  the  other  by  way  of  contest  between 
litig-ants.  By  the  pacific  method  the  Congreg-ation 
watches  that  the  ancient  sacred  rites  are  observed  by 
all  persons  everywhere  in  all  churches  of  the  cit}r 
and  the  world,  even  in  the  pontifical  chapel,  in 
Masses,  divine  offices,  the  administration  of  the  sac- 
raments and  other  thing's  pertaining-  to  divine  wor- 
ship; ceremonies  are  approved  or  reformed,  books 
treating-  on  them  are  amended  if  need  be,  and  the 
proper  observance  of  feast  days  is  reg-ulated.  More- 
over questions  ancf  doubts  concerning*  any  of  the 
aforesaid  matters  or  concerning-  the  meaning-  of  the 
rubrics  are  resolved  by  the  ordinary  Congregation 


150  THE   ROMAN   COURT. 

either  of  its  own  motion  or  in  answer  to  a  petition. 
It  also  approves  offices  and  Masses  proper  to  saints 
and  arranges  the  changes  of  offices  from  a  lower  to 
a  hig-her  rite  and  transfers  of  feasts  from  one  day  to 
another..  Finally  to  this  Cong-relation  belongs  the 
duty  of  examining*  and  approving-  the  business  of 
choosing-  some  saint  as  the  heavenly  protector  of 
countries,  cities  and  towns  when  application  is  made 
to  the  Holy  See  for  the  purpose. 

It  happens  at  times  that  the  Sovereig-n  Pontiff 
orders  some  matter  to  be  examined  not  by  all  but 
only  by  some  of  the  cardinals  of  the  Congreg-ation; 
and  this  is  to  be  done  without  any  of  the  consultors 
or  with  only  some  of  them.  Such  a  Congreg-ation  or 
commission  is  called  a  particular  one.  At  it  the  sec- 
retary and  promoter  of  the  faith  are  always  present. 

147.  By  the  contentious  method  of  procedure  the 
Sacred  Cong-reg-ation  hears  and  determines  questions 
between  parties  contending-  in  the  matter  of  preced- 
ence and  pre-eminence  in  processions  and  other  sacred 
functions,  or  in  honorary  acts  and  ecclesiastical 
g-athering-s,  whether  these  questions  arise  between 
seculars  and  reg-ularsor  between  secular*  and  reg-ular 
chapters  or  finally  between  the  dig-nitaries  and  the 
members  of  the  same  chapter.  Thus  also  it  deter- 
mines the  respective  rig-hts  of  parish  priests  and  lay 
confraternities  and  decides  questions  reg-arding-  the 
establishment  of  new  confraternities. 

In  treating-  and  deciding-  all  these  questions  the 
Congreg-ation  uses  the  summary  or  extra-judicial 
process,  after  first  receiving-  and  hearing-  extra-judi- 
cial information  from  the  ordinaries  or  the  reg-ular 
superiors  of   the  contestants    as  the  nature   of   the 


METHOD   OF   PROCEEDING.  151 

cause  demands.  All  these  causes  are  decided  with- 
out any  charge  or  cost  whatever,  at  least  such  is  the 
law.  The  office  of  the  Congregation  of  Rites  is  in 
the  Palazzo  della  Concellaria  Apostolica. 

148.  The  extraordinary  Congregation  is  not  held 
except  in  regard  to  causes  of  beatification  and  can- 
onization, to  deliberate  either  on  the  virtues,  the 
miracles  or  the  martyrdom  of  a  servant  of  God,  or  in 
regard  to  the  question  whether  proceedings  can 
safely  be  taken  for  beatification  or  canonization. 
When  such  a  cause  is  to  be  examined,  the  cardinal 
who  proposes  or  has  charg-e  of  it,  is  called  the  pro- 
ponent or  relator.  The  Sovereign  Pontiff  himself, 
according  to  Benedict  XIV.,  De  Beatiftcatione,  is  the 
one  who  commits  the  cause  for  report  to  one  or 
another  cardinal  as  he  judges  best.  This  is  in 
accordance  with  a  decree  issued  on  February  25, 
1665,  in  these  words:  "Our  Most  Holy  Father, 
Pope  Alexander  VII.,  in  a  gracious  audience  held  b}' 
His  Holiness,  signified  to  me  as  secretary,  that  it  is 
the  mind  of  His  Holiness  that  hereafter  in  each  cause 
of  beatification  and  canonization  of  the  blessed  or 
the  servants  of  God,  he  himself  will  depute  and 
choose  for  relator  some  cardinal  whom  he  thinks 
proper,  and  he  orders  that  it  be  so  done  and  observed 
for  the  future." 

In  another  decree,  under  date  of  May  11,  1733, 
Clement  XII.  orders,  "that  when  the  causes  of  any 
beatified  or  servant  of  God,  who  when  alive  belonged 
to  some  order  or  religious  congregation,  are  treated, 
the  consultors  who  are  of  that  order  or  congregation 
shall  not  be  present  at  any  Congregations,  either 
ante-preparatory  and  preparatory  or  the  general  one 


152  THE   ROMAN   COURT. 

before  His  Holiness;  excepting-  always  persons  in 
episcopal  dignity  and  the  master  of  the  apostolic 
palace. 

149.  The  ante-preparatory  extraordinary  Congre- 
gation is  convened  in  the  house  of  the  cardinal-rela- 
tor  when  he  judges  it  opportune;  and  at  it  are  pres- 
ent the  consultors  of  the  Sacred  Congregation  and 
the  masters  of  ceremonies.  The  consultors  vote  in 
this  meeting,  but  the  cardinal  himself  does  not.  In 
it  one  cause  of  beatification  or  canonization  is  dis- 
cussed, either  on  the  question  of  virtues  or  of  mar- 
tyrdom, or  on  the  question  of  miracles  performed. 
There  is  no  mention  of  this  ante-preparatory  meeting 
in  the  decrees  of  Urban  VIII.  or  of  Innocent  XL, 
because  it  was  instituted  after  their  time,  in  order 
that  the  mind  of  the  cardinal-relator  might  be  in- 
formed and  that  he,  hearing  the  opinions  of  the  con- 
sultors, might  have  the  merits  and  difficulties  of  the 
cause  thoroughly  mastered. 

The  preparatory  Congregation,  of  which  mention 
is  made  in  the  general  decrees  of  Urban  VIII.  is 
convened  at  the  option  of  the  cardinal-relator  in  the 
apostolic  palace  in  which  the  Pope  resides;  and  at  it 
are  present  all  the  cardinals  assigned  to  the  Congre- 
gation of  Sacred  Rites,  the  consultors  and  masters 
of  ceremonies.  A  vote  is  given  only  by  the  consul- 
tors  and  not  by  the  cardinals.  For  as  the  ante-pre- 
paratory meeting  is  held  that  the  mind  of  the  cardi- 
nal-relator may  be  informed,  so  the  preparatory 
Congregation  is  held  to  inform  the  minds  of  all  the 
cardinals  who  are  later  obliged  to  announce  their 
opinion  and  give  their  vote  in  the  general  Congrega- 
tion, 


GREAT  CARE   MANIFESTED.  153 

Afterwards  the  general  Congregation  is  held 
before  the  Sovereign  Pontiff;  and  in  it  a  vote  is  first 
given  by  the  consultors,  then  by  the  cardinals,  either 
on  the  virtues,  the  miracles,  the  martyrdom  of  the 
servant  of  God,  or  on  the  final  question  whether  in 
this  or  that  cause  they  can  safely  proceed  with  the 
beatification  or  canonization.  Such  a  general  Con- 
gregation is  held  at  most  only  twice  a  year  and  in 
each,  as  a  rule,  only  one  cause  is  discussed. 

150.  Extreme  care  is  taken  in  the  matter  of  beati- 
fication and  canonization,  and  the  Congregation  may 
be  said  to  assume  the  form  of  a  contentious  tribunal. 
For  it  prepares  a  process,  which  is  called  apostolic, 
and  examines  witnesses  before  delegated  judges  and 
a  notary  who  narrates  all  the  proceedings  and  testi- 
mony. Furthermore  the  promoter  of  the  faith  is 
present  and  performs  the  duty  of  fiscal  procurator, 
preparing  interrogatories  and  watching  that  the 
whole  process  be  rightly  completed.  The  aid  and 
advice  of  experienced  men  is  also  obtained,  who 
under  oath  give  an  opinion  whether  the  works  which 
are  advanced  by  the  postulator  as  miracles  are  really 
supernatural  and  cannot  in  any  way  be  produced  by 
the  powers  of  nature.  Then  the  promoter  of  the 
faith  officially  proposes  difficulties  and  arguments 
either  of  law  or  of  fact;  and  if  these  difficulties  and 
arguments  are  not  satisfactorily  answered  the  pro- 
cess is  suspended.  If,  however,  the  process  seems 
properly  completed,  then  it  is  turned  over  to  the  car- 
dinal-relator  who  at  his  option  calls  the  first  or  ante- 
preparatory  meeting. 

151.  The  consultors  of  the  Congregation  of  Rites 
cannot  assume  to  act  as  postulators  in  any  cause  of 


154  THE   ROMAN   COURT. 

beatification  or  canonization.  Their  work  and  duty 
is  to  carefully  read  all  informations,  summaries, 
writing's  of  fact  and  law,  animadversions  of  the  pro- 
motor  of  the  faith,  as  well  as  the  replies  thereto  and 
replications.  They  are  obliged  to  hear  the  verbal 
informations  of  the  procurators,  advocates  and  pos- 
tulators.  They  are  also  obliged  on  appointed  days 
to  attend  the  Congregations,  and  in  them  give  their 
votes.  When  voting  in  the  ante-preparatory  and 
preparatory  Congregations  they  remain  seated;  but 
when  voting  in  the  general  Congregation  before  the 
Sovereign  Pontiff  they  stand.  Their  vote  is  consul- 
tive,  not  definitive.  After  all  the  consultors  have 
given  their  votes  they  leave  the  hall  of  the  Congrega- 
tion, only  the  cardinals  of  the  Congregation,  the 
secretary,  the  promoter  of  the  faith  and  the  masters 
of  ceremonies  remaining  with  the  Pontiff. 

152.  All  who  participate  in  the  extraordinary 
Congregation  are  obliged  to  strict  secrecy  in  regard 
to  everything  that  occurs  in  or  is  brought  before  the 
Congregation,  not  only  in  the  general,  but  also  in 
the  preparatory  and  ante-preparatory  meetings. 
This  obligation  is  so  strict  that  breaking  it  entails 
excommunication  ipso  facto,  from  which  no  one  but 
the  Pope,  not  even  the  major  penitentiary,  can 
absolve  except  in  danger  of  death.  Everyone  who 
participates  in  the  meetings  of  the  Congregation  is 
under  this  obligation,  so  that  the  cardinals,  the  con- 
sultors, the  secretary,  the  promoter  of  the  faith,  the 
three  aforementioned  auditors  of  the  Rota  and  the 
masters  of  ceremonies  cannot  speak  except  among 
themselves  of  any  of  the  matters  which  regard  beat- 
ification or  canonization. 


p      OATH  OF   SECRECY.  155 

Each  cardinal,  however,  is  allowed  the  assistance 
of  two  of  his  familiars  for  reading*  and  studying"  the 
causes;  and  likewise  each  auditor  of  the  Rota  can 
have  the  help  of  one  assistant  in  his  work  which 
pertains  to  causes  of  beatification  and  canonization; 
but  all  these  assistants  are  bound  by  the  same  obli- 
gation of  secrecy  as  the  members  of  the  Congrega- 
tion. The  consultors,  except  by  special  concession 
of  the  Pontiff,  are  not  allowed  an  assistant,  but  are 
bound  to  read  and  study  the  causes  by  themselves. 
In  the  same  way  no  member  of  the  Congregation  is 
allowed  to  receive  any  communication  regarding  the 
causes  before  it,  and  if  any  should  come  to  him  he 
must  turn  it  over  to  the  secretary. 

153.  The  form  of  oath  taken  by  the  cardinals  and 
other  members  of  the  Congreg-ation  of  Rites  is  as 
follows  :  "We,  the  subscribed  cardinals  of  the  Holy 
Roman  Church,  of  the  Congregation  of  Sacred 
Rites,  touching  the  Holy  Gospels  placed  before  us, 
swear  and  promise  to  faithfully  exercise  our  office  in 
those'matters  which  are  proposed  in  the  Congreg-a- 
tions  to  be  held  before  His  Holiness,  and  not  to 
reveal  or  converse,  except  with  other  cardinals  of  the 
said  Congregation,  with  the  three  senior  auditors  of 
the  Rota,  with  the  consultors  and  officials  of  the 
aforesaid  Congregation,  and  with  two  familiars  to 
be  deputed  by  each  one  of  us,  on  those  thing's  which 
shall  occur  or  be  treated,  not  only  in  causes  pertain- 
ing- to  the  said  Congregation  but  also  in  others  not 
pertaining-  to  it,  in  the  said  Congreg-ation  before  His 
Holiness,  on  the  occasion  of  a  discussion  concerning- 
the  affairs  of  magnates,  of  religious  orders  or  other 
grave  matters  occurring,  under  pain  of  perjury  and 


156  THE   ROMAN   COURT. 

excommunication  ipso  facto,  from  which  we  can  be 
absolved  by  no  one  except  the  Sovereign  Pontiff,  not 
even  by  the  major  penitentiary,  unless  in  the  article 
of  death;  and  under  the  same  pain  of  perjury  and 
excommunication  mentioned  above,  we  likewise 
swear  and  promise  that  if  by  letter  or  by  word  of 
mouth  or  through  the  agency  of  any  person,  com- 
mendations shall  be  made  to  us  by  anyone,  no  mat- 
ter of  what  dignity  or  prominence,  in  regard  to 
causes  which  are  to  be  treated  in  the  same  Congre- 
gations, we  shall  not  knowingly  open  the  letters,  but 
closed  and  sealed  we  shall  order  them  to  be  given  to 
the  secretary  of  the  said  Congregation;  but  if  it 
should  happen  that  we,  not  knowing  the  contents  of 
said  letters,  should  open  and  read  them,  if  they  con- 
tain only  such  commendations  we  shall  likewise 
transmit  them  to  the  same  secretary;  but  if  the  let- 
ters treat  other  matters,  we  shall  order  those  parts 
to  be  transcribed  which  contain  the  said  commenda- 
tions, giving  the  date,  place  and  signature  of  him 
who  sent  the  commendation,  which  transcript  we 
shall  send  to  the  aforementioned  secretary;  further, 
to  such  letters  we  shall  not  reply  except  by  order  of 
the  said  Congregation;  and  at  least  in  the  act  of 
voting  we  shall  mention  by  whom  the  cause  may 
have  been  commended  to  us.  And  thus  we,  the 
aforementioned  cardinals  (consultors  et  alii)  promise 
and  swear.  So  may  God  and  these  Holy  Gospels 
help  us." 

154.  Great  care  is  taken  in  regard  to  the  whole 
process  of  canonization.  The  Holy  See  does  not 
begin  the  cause  of  beatification  of  the  servants  of 
God  unless  fame  of   their  sanctity  precedes,  and   is 


PRELIMINARY   PROCESS.  157 

proved  by  juridical  process.  "By  fame  of  sanctity," 
says  Benedict  XIV.,  "is  meant  a  common  opinion 
concerning  the  integrity  of  life  and  the  virtues 
practiced  by  the  servant  of  God,  not  in  an  ordinary 
way  but  by  continual  acts  above  the  manner  of  life 
of  other  good  people;  further  it  includes  a  report  of 
miracles  obtained  from  God  through  his  intercession; 
so  that,  devotion  being  conceived  for  him  at  least  in 
one  place,  he  is  invoked  by  many  and  is  considered 
worthy  to  be  placed  by  the  Apostolic  See  in  the  cat- 
alogue of  the  Blessed  or  the  Saints." 

When  the  fame  of  sanctity  and  miracles  is  suffi- 
ciently proved,  the  Holy  See  orders  that  the  decree 
of  non-worship  be  carefully  observed.  This  means 
that  no  act  of  public  worship  or  anything  that  may 
mislead  the  people  can  be  tolerated  until  the  proper 
decree  declaring  the  servant  of  God  beatified  or  a 
saint  has  been  issued.  Then  an  examination  of  the 
doctrine  of  the  servant  of  God  is  begun.  All  writ- 
ings left  by  him  are  examined  to  ascertain  whether 
anything  against  Christian  prudence  or  the  teaching 
of  the  Church  appears  in  them;  but  this  examina- 
tion, if  nothing  is  found  objectionable,  gives  only  a 
negative  approval  of  his  writings,  to  the  effect, 
namely,  that  nothing  in  them  interferes  with  pro- 
ceeding to  his  beatification. 

All  this  being  done,  the  introduction  of  the  cause 
is  allowed  by  the  signing  of  the  commission,  or  in 
other  words,  the  Sovereign  Pontiff  having  admitted 
and  signed  the  supplication  offered  him  by  the  pos- 
tulators  of  the  cause,  imparts  to  the  Sacred  Con- 
gregation of  Rites  the  faculty  of  proceeding  in  the 
cause  of   beatification.     By  this  introduction  of  the 


158  THE   ROMAN   COURT. 

cause  the  servant  of  God  receives  the  title  of  ''Vener- 
able." 

155.  The  commission  having-  been  signed,  a  new 
process  is  begun  by  authority  of  the  Congregation  of 
Rites,  and  the  taking-  of  testimony  for  it  is  usually 
deleg-ated  to  three  bishops  of  the  vicinity  interested. 
First,  inquiry  is  made  juridically  in  reg-ard  to  the 
fame  of  sanctity  and  non-worship.  Then  follows  an 
examination  of  virtues,  whether  the  servant  of  God 
practiced  the  theological  and  moral  virtues  in  an 
heroic  degree,  for  this  is  the  foundation  of  sanctity. 
After  this  there  is  an  examination  of  miracles, 
whether  they  are  of  such  a  nature  and  wrought  in 
such  circumstances  that  they  can  be  ascribed  to  no 
other  cause  than  true  sanctity  confirmed  of  God  by 
these  signs.  Several  miracles  are  required  for  beat- 
ification, though  the  exact  number  is  not  specified. 

The  ante-preparatory  and  preparatory  meetings  of 
the*Congregation  of  Rites  having  been  held  on  these 
matters,  as  stated  above,  the  extraordinary  general 
Congregation  in  the  presence  of  the  Sovereign  Pon- 
tiff deliberates  whether  beatification  can  safely  be 
declared.  If  the  conclusion  is  favorable,  the  Pontiff 
appoints  a  day  for  celebrating  the  solemnity  of  beat- 
ification, which  according  to  a  decree  of  Alexander 
VII.  is  to  take  place  first  in  the  Vatican  basilica. 
Thereafter  in  certain  specified  places  public  worship 
with  restrictions  is  accorded  the  beatified. 

Beatification  is  therefore  a  decree  which  permits 
that  a  servant  of  God  may  be  honored  by  public 
worship  in  a  certain  province.  The  solemnity  of 
beatification  consists  in  the  reading  of  this  decree,  in 
uncovering  the  images  of  the  servant  of  God  and  in 


CANONIZATION   OF   SAINTS.  159 

reciting"  a  collect,  incensing"  the  imag"e  of  the  beatified 
and  celebrating  Mass.  However  the  faculty  of  hold- 
ing public  worship  which  is  given  by  this  decree  is 
limited  not  only  as  to  place  but  also  as  to  the  manner 
of  this  worship,  for  the  beatified  are  not  honored 
like  the  saints.  Unless  an  express  indult  is  obtained, 
the  names  of  those  beatified  are  not  inserted  in  the 
common  martyrology  nor  in  the  litany  of  the  saints; 
neither  can  the  beatified  be  chosen  as  patrons,  nor 
are  their  feasts  celebrated  with  an  octave.  The 
relics  of  the  beatified  are  not  carried  in  processions 
nor  placed  on  altars.  Their  images  cannot  be  made 
with  a  diadem  or  circle,  but  only  with  rays.  All  of 
which  must  be  strictly  observed,  according"  to  a 
decree  of  Alexander  VII. 

156.  After  the  beatification,  if  new  miracles 
occur,  the  postulators  of  the  cause  may  request  a 
signature  for  re-assumption,  so  that  the  process  for 
canonization  may  be  beg"un.  At  least  two  miracles 
having  been  proved,  the  Congregation  of  Rites  holds 
various  meetings,  the  general  one  before  the  Sover- 
eign Pontiff  being"  for  deliberation  of  the  question 
whether  the  decree  of  canonization  can  be  issued 
safely.  Then  the  Pontiff  holds  several  Consistories 
on  the  subject,  the  one  secret  at  which  all  the  cardi- 
nals of  the  Court  are  present,  the  other  a  semi-public 
one  in  which,  besides  the  cardinals,  all  the  patriarchs, 
archbishops  and  bishops  present  in  Rome  participate 
and  vote.  Theu  in  a  subsequent  more  solemn  Con- 
sistory the  day  for  canonization  is  appointed. 

On  the  appointed  day  the  Sovereign  Pontiff  pro- 
ceeds to  the  Vatican  basilica  with  much  ceremony; 
and  there,  after  new  postulations  and  many  prayers, 


160  THE   ROMAN   COURT. 

having"  invoked  the  aid  of  the  Holy  Ghost,  by  the 
authority  of  the  Almighty  God,  and  of  the  Apostles 
Peter  and  Paul,  he  decrees  and  defines  that  N.  N. 
is  a  saint  and  is  to  be  inscribed  in  the  catalogue  of 
saints  and  to  be  honored  as  such  .by  the  universal 
Church.  A  pontifical  constitution  to  this  effect  is 
issued  later  and  addressed  to  the  whole  Church. 
This  constitution  also  declares  the  title,  such  as 
martyr,  confessor,  virgin,  by  which  the  saint  is  to  be 
honored. 

The  expenses  of  the  beatification  or  canonization 
of  a  saint,  which  are  necessarily  very  great,  are  sup- 
posed to  be  defrayed  by  the  postulators  of  the  cause. 

157.  Canonization  is  therefore  a  definitive  sentence 
by  which  it  is  decreed  that  a  certain  one  is  to  be 
inscribed  on  the  catalogue  of  saints  and  to  be  pub- 
licly honored  as  such  in  the  universal  Church.  This 
sentence  is  infallible  and  irreformable,  for  it  is  issued 
by  the  Sovereign  Pontiff  to  the  whole  Church;  and 
if  in  such  a  definitive  sentence  the  Pontiff  could  err, 
the  whole  Church  would  be  brought  into  error  in  its 
public  worship,  which  supposition  is  entirely  against 
Catholic  faith. 

The  sentence  of  beatification  is  not  considered 
infallible,  for  it  is  not  addressed  to  the  whole 
Church;  though  it  cannot  be  impugned  without 
temerity  and  the  sin  of  presumption.  In  fact, 
abstracting  entirely  the  supernatural  assistance  of 
the  Holy  Ghost,  the  whole  cause  of  beatification  and 
canonization  is  treated  with  such  extreme  prudence 
and  care  that  the  judgment  pronounced  must  be 
morally  certain. 

158.  The  decrees  of  the  Sacred  Congregation  of 


VALUE  OF   DECREES.  161 

Rites  have  been  gathered  into  a  collection  by  Gar- 
dellini,  and  according  to  the  order  of  Pius  VII.  any 
decree  found  in  this  collection  is  to  be  considered 
authentic.  Ordinarily  a  decree  of  a  Congregation  in 
order  to  have  the  force  of  law,  must  be  produced  in 
authentic  form,  that  is,  subscribed  by  the  cardinal- 
prefect  and  fortified  by  the  accustomed  seal.  But  in 
regard  to  the  decrees  of  the  Congregation  of  Rites, 
that  they  may  have  the  force  of  law,  it  is  only  nec- 
essary that  they  be  found  in  the  collection  of  Gar- 
dellini. 

The  Sacred  Congregation  has  received  the  power 
of  interpreting  the  rubrics  and  the  other  laws  which 
have  reference  to  sacred  rites.  And  not  only  may  it 
interpret  these  laws,  but  it  has  also  a  legislative 
power,  for  by  the  constitution  of  Sixtus  V.  it  is 
empowered  to  restore  or  reform  ceremonies  and  to 
amend  and  correct  books  treating  of  ceremonies  and 
sacred  rites.  Archbishops,  bishops  and  prelates 
cannot  be  judges  to  decide  doubts  concerning  the 
rubrics  and  ceremonies;  nor  may  canons  or  other 
priests  infringe  or  omit  rubrics,  even  if  such  is  the 
express  will  of  the  bishop.  (S.  R.  Cong.  Jam  10, 
1852.)  On  the  contrary,  the  ordinary  is  strictly 
obliged  to  see  that  the  rubrics  and  decrees  of  the 
Sacred  Congregation  of  Rites  are  faithfully  observed. 
(S.  R.  Cong.  Sept.  7,  1822.) 

159.  The  decrees  of  the  Congregation  of  Rites  are 
either  particular  or  general.  A  particular  decree  is 
one  issued  regarding  the  peculiar  law  or  privilege  of 
a  certain  place  or  particular  persons.  It  has  binding 
force  only  for  the  particular  persons  to  whom  it 
refers.     General  decrees  are  of  two  kinds.     Some 


162  THE   ROMAN   COURT. 

are  formally  general,  others  equivalently  general. 
Those  decrees  are  formally  general  which  have  the 
words  "a  general  decree,"  "for  the  city  and  the 
world,"  prefixed  to  them,  or  which  enact  something 
to  be  observed  "in  all  the  churches  of  the  world." 
Without  doubt  all  such  decrees  have  binding  force 
throughout  the  world,  for  they  are  issued  by  the 
authority  of  the  Sovereign  Pontiff  and  are  formally 
promulgated. 

Those  decrees  are  equivalently  general  which  are 
issued  in  general  terms,  as  a  response  to  a  doubt  ex- 
pressed in  general  terms,  but  which  was  proposed  by 
a  particular  diocese  or  monastery,  or  because  of 
particular  cases.  For  instance:  In  Melitensi,  Feb. 
ij,  i8jg,  the  prefect  of  ceremonies  of  that  cathedral 
asked:  "Whether  a  priest,  when  he  blesses  the  peo- 
ple with  the  sacred  pyx,  should  cover  it  entirely  with 
the  extremities  of  the  humeral  veil,  as  the  Roman 
ritual  orders  in  carrying  the  Viaticum. "  The  Sacred 
Congregation  replied,  "He  should  do  so."  Such 
a  decree  is  issued  to  solve  a  doubt  which  pertains  to 
general  law,  and  therefore  it  is  of  universal  obliga- 
tion, even  though  it  is  not  formally  promulgated,  for 
it  simply  declares  the  sense  of  the  general  law 
already  promulgated  and  of  obligation. 

If,  however,  such  a  decree  should  extend  the  law, 
it  would  not  induce  a  general  obligation  unless  pro- 
mulgated, because  it  is  a  new  law.  The  practice  of 
the  Sacred  Congregation,  which  is  the  best  possible 
argument,  holds  that  an  equivalently  general  decree 
which  declares  the  law,  is  of  universal  obligation 
throughout  the  Church  even  though  it  is  not  form- 
ally promulgated. 


CHAPTER   VI. 

THE    CONGREGATION   ON    CEREMONIES. 

160.  The  Congregation  on  Ceremonies  was  insti- 
tuted by  Pope  Sixtns  V.  and  is  considered  a  partici- 
pation or  derivation  of  the  Sacred  Congregation  of 
Rites.  It  is  composed  at  present  of  sixteen  cardinals, 
and  the  dean  of  the  Sacred  Colleg-e  is  its  prefect. 

One  of  the  masters  of  ceremonies  of  the  apostolic 
palace  is  assigned  to  perform  the  duties  of  secretary, 
and  the  other  masters  of  ceremonies  fulfil  the  duties 
of  consultors.  The  office  of  the  Congreg-ation  is  at 
Number  5,  via  Principe  Umberto. 

161.  The  Congregation  exercises  a  watchful  care 
over  the  rites  and  ceremonies  both  sacred  and  civil 
which  are  observed  in  the  Court  of  the  Roman  Pon- 
tiff, and  over  the  respective  rig-hts  of  the  persons  con- 
cerned in  these  ceremonies.  Hence  it  watches  that  the 
laws  of  the  sacred  liturgy  are  observed  and  rig-htly 
executed  in  public  papal  functions.  It  also  resolves 
questions  regarding*  pre-eminence  among*  the  cardi- 
nals, among-  prelates  and  among-  other  persons  who 
have  the  rig-ht  of  assisting-  at  sacred  papal  functions. 
Further,  the  Congreg-ation  on  Ceremonies  lays  down 
the  rules  that  are  to  be  observed  in  the  solemn  pre- 
sentation or  approach  of  princes  and  their  leg-ates  to 
the  Roman  Pontiff.  And  for  this  reason  when  such 
a  presentation  occurs,   the  secretary  of  the  Ceremo- 

163 


164  THE   ROMAN  COURT. 

nial  Congregation  is  always  present  in  the  apostolic 
palace  and  has  a  care  that  everything"  be  done  prop- 
erly. 

162.  The  secretary  also  communicates  to  new  car- 
dinals opportune  instructions  in  regard  to  the  solemn 
acts  which  are  proper  to  the  cardinalitial  dig-nity, 
and  in  regard  to  the  formulas  to  be  used  in  letters 
which  they  write  to  other  cardinals  and  to  princes. 
Likewise  the  secretary  g-ives  instructions  to  the 
ableg-ates  and  the  noblemen  who  are  of  the  body- 
guard of  the  Supreme  Pontiff,  and  are  chosen  to 
carry  the  insignia  of  the  cardinalate  to  newly-created 
cardinals  residing"  away  from  Rome;  and  he  explains 
precisely  the  rites  and  ceremonies  which  are  to  be 
observed  both  by  them  and  by  the  cardinals  on  the 
occasion  of  presenting-  these  insig-nia. 


CHAPTER  VII. 

THE  CONGREGATION  FOR  INDULGENCES 
AND  RELICS. 

163.  Pope  Clement  IX.  instituted  the  Sacred  Con- 
gregation on  Indulgences  and  Relics  by  his  constitu- 
tion, In  if>sis,  of  July  6,  1669.  Previous  to  this,  on 
August  4,  1667,  he  had  beg-un  the  establishment  of 
the  Congregation  and  it  existed  as  a  temporary 
org-anization  until  the  constitution  of  1669  made  it 
permanent.  It  is  at  present  composed  of  thirty-two 
cardinals.  Prelates  and  other  ecclesiastics  distin- 
guished for  religion,  piety,  knowledg-e  and  experi- 
ence are  attached  to,  it,  all  of  whom  are  appointed  to 
their  positions  by  the  Sovereign  Pontiff .  One  of  the 
cardinals  residing-  in  curia  is  its  prefect,  and  the 
secretary  is  a  Roman  prelate.  The  secretary  has  a 
substitute,  and  seventeeen  consultors,  all  prelates, 
are  attached  to  the  Congregation.  Its  office  is  in  the 
Palazzo  della  Cancellaria  Apostolica. 

The  Congregation  was  established  to  do  away 
with  any  chance  of  abuses  in  the  matter  of  indul- 
gences and  sacred  relics.  Its  object  is  well  ex- 
pressed in  the  constitution  by  which  it  was  estab- 
lished, and  by  which  it  received  the  permanent  fac- 
ulty of  settling- every  difficulty  and  doubt  which  may 
arise  reg-arding-  the  relics  of  saints  and  indulgences, 
if   such    difficulty  does    not  pertain  to  a  dogma  of 

165 


166  THE   ROMAN   COURT. 

faith.  The  Roman  Pontiff,  however,  is  to  be  con- 
sulted in  the  more  important  and  difficult  matters 
which  may  arise. 

164.  Further,  the  Congregation  has  the  right  and 
duty  of  correcting",  without  the  form  of  trial,  any 
abuses  which  may  arise  or  be  found  in  the  matter  of 
indulgences  and  relics;  of  forbidding*  the  publication 
of  false,  apocryphal  and  indiscreet  indulgences,  or, 
if  already  published,  of  reviewing  and  examining 
them,  and,  after  submitting  the  matter  to  the  Sov- 
ereign Pontiff,  of  rejecting  them  by  his  authority. 
The  Congregation  is  also  to  examine  and  authorize 
newly-found  relics,  but  is  instructed  to  see  that  mod- 
eration is  used  in  conceding  indulgences  and  giving 
relics  of  the  saints,  so  that  all  may  be  done  piously, 
holily  and  without  corruption  of  any  kind. 

165.  It  should  be  noted  that  this  Congregation  has 
no  faculty  in  regard  to  causes  which  pertain  to 
dogma,  even  though  the  matter  specially  concerns 
indulgences  and  relics.  If,  for  instance,  a  person 
denied  the  power  of  the  Church  to  grant  indulgences, 
such  a  proposition  and  its  defender  would  be  amena- 
ble to  the  Congregation  of  the  Holy  Office,  not  to 
the  Congregation  on  Indulgences  and  Relics.  The 
Congregation  on  Indulgences  must  refer  to  the 
proper  judg*es  all  causes  which  require  a  judicial 
process. 

Again  it  should  be  noted  that  general  concessions 
of  indulgences,  obtained  from  the  Sovereign  Pontiff, 
are  null  and  void  unless  a  copy  of  the  concession  is 
brought  to  the  secretary  of  the  Congregation.  This 
was  decreed  by  Pope  Benedict  XIV.  on  January  28, 
1756,  to  do  away  with  the  confusion  and  abuses  apt 


GRANTS   OF   INDULGENCES.  167 

to  rise  out  of  the  contrary  practice.  Pope  Pius  IX. 
confirmed  this  decree  by  another  under  date  of  April 
14,  1856.  Hence  for  the  validity  of  indulgences 
granted  in  a  general  concession,  a  copy  must  be 
shown  to  the  secretary  of  the  Congregation  on 
Indulgences.  This,  however,  is  not  necessary  in 
case  of  a  particular  concession,  such  as  is  made  to 
one  or  more  people  personally. 

166.  Indulgences  granted  by  the  Holy  Father  at 
present  are  expedited  through  the  secretary  of 
Briefs,  through  the  secretary  of  Memorials  and 
through  the  Congregation  of  Indulgences.  Under 
Pius  IX.,  for  a  time  at  least,  the  granting  of  indul- 
gences pertained  to  the  secretary  of  Briefs  as  if  by 
exclusive  right.  Under  Pope  Leo  XIII.  an  authen- 
tic publication  of  all  the  decrees  of  the  Sacred  Con- 
gregation on  Indulgences  and  Relics  was  ordered 
and  made  from  the  year  1668  to  the  year  1882.  The 
decrees  were  copied  by  the  officials  of  the  secretary's 
office  and  after  a  thorough  examination  and  compar- 
ison were  printed  by  Fr.  Pustet  whose  work  was 
declared  authentic. 

167.  Rescripts  or  concessions  of  indulgences, 
besides  being  showm  under  pain  of  nullity  to  the  sec- 
retary of  the  Congregation  on  Indulgences,  if  they 
are  general  concessions,  should  also  be  shown  to  the 
ordinary  of  the  diocese  where  they  are  to  be  pub- 
lished. This  is  the  requirement  of  the  Council  of 
Trent,  Session  XXI.  Chapter  IX.,  De  Ref.,  but  it 
does  not  seem  absolutely  necessary  for  the  validity 
of  the  concession  or  publication  of  the  indulgences. 
Private  concessions  need  not  be  shown  to  the  ordi- 
nary.    No  charges  of  any  kind  are  supposed  to  be 


168  THE   ROMAN   COURT. 

made  by  the  Congregation  on  Indulgences  and  Relics. 

The  method  of  procedure  in  the  Congregation  is 
entirely  informal.  When  a  cause  is  brought  before 
the  Congregation  it  is  referred  to  one  of  the  consul- 
tors  who  studies  it  attentively  and  reports  his  opin- 
ion. This  opinion  is  then  submitted  to  the  cardinals 
of  the  Congregation  who  decide  the  matter  by  vote. 
In  important  matters  the  cardinal-prefect  consults 
the  Holy  Father  and  requests  his  approval  of  the 
decision  of  the  Congregation.  A  decree  is  then 
issued,  signed  by  the  prefect  and  secretary  and 
sealed  with  the  seal  of  the  Congregation. 

168.  The  Congregation  of  Indulgences  does  not 
grant  any  indulgence;  this  is  done  by  the  Sovereign 
Pontiff.  The  special  work  of  the  Congregation  is  to 
see  that  indulgences  are  not  abused;  and  indeed  such 
is  the  misunderstanding  in  regard  to  what  an  indul- 
gence really  is  that  it  may  be  well  to  give  the  Cath- 
olic teaching  on  the  matter:  ''Theology"  in  the 
words  of  the  Fathers  of  Trent,  "distinguishes  in 
sin,  the  guilt  and  the  punishment.  The  guilt  is  the 
offense  done  to  God;  the  punishment  is  the  chastise- 
ment deserved  by  the  offense,  whether  temporal  or 
eternal.  '  The  Church  having  received  with  the  keys 
the  power  of  binding  and  loosing,  exercises  that 
power  in  regard  to  sins  committed  after  baptism, 
both  in  the  sacrament  of  penance  and  in  the  granting 
of  indulgences.  In  the  sacrament  of  penance  the 
Church  remits  the  sin  as  to  the  guilt  and  the  eternal 
punishment,  but  not  always  the  whole  of  the  tem- 
poral punishment.  By  an  indulgence  the  Church 
releases  wholly  or  in  part  from  the  temporal  punish- 
ment  which    is  to   be    undergone    for    sin,    in  this 


GRANTS   OF   INDULGENCES.  169 

world  by  works  of  satisfaction,  in  the  other  by  the 
pains  of  purgatory.  The  indulgence,  then,  remits 
the  punishment,  not  the  guilt.  The  treasure  of 
indulgences,  which  can  be  dispensed  only  by  the 
Popes  and  bishops,  is  supplied  from  the  super- 
abundant satisfaction  of  Jesus  Christ;  a  single  drop 
of  the  sacred  blood  of  the  God-man  being  a  thousand 
times  sufficient  to  redeem  thousands  of  worlds.  To 
these  exhaustless  springs  of  merit  are  added — as 
agreeable  to  God  and  meritorious,  because  of  their 
union  with  the  satisfaction  of  the  Saviour,  and  as 
applied  in  virtue  of  the  communion  of  saints — the 
abounding  merits  of  Mary,  the  Mother  of  Sorrows, 
who  never  had  a  fault  to  expiate,  together  with 
those  of  numberless  saints  who  have  suffered  for 
justice'  sake  and  practiced  long-continued  penances 
to  atone  for  slight  imperfections."  Such,  then,  is  the 
Catholic  doctrine  on  indulgences. 


CHAPTER  VIII. 

the:  congregation  for  the  fabric  of 
st.  peter's. 

169.  The  building-  of  the  present  St.  •  Peter's 
church  in  Rome  was  undertaken  by  the  warlike 
Pope,  Julius  II. ,  in  the  year  1506.  The  old  basilica 
was  fast  deca}Ting-  and  so  also  was  the  morality  of 
that  period.  The  erection  of  the  new  St.  Peter's 
proved  the  occasion  of  convulsing*  the  Christian 
world  and  clearing"  the  Church  of  much  that  kept 
her  heavy  and  unfit  for  great  spiritual  development. 

Pope  Julius  II.  needed  funds  for  his  immense 
undertaking-,  and  therefore  he  issued  an  appeal  to 
the  Christian  world,  granting-  indulgences  and  other 
spiritual  benefits  to  those  who  by  their  alms  would 
assist  the  pious  work.  Leo  X.  succeeded  to  the 
papal  throne  and  likewise  to  the  re-building-  of  St. 
Peter's.  He  was  munificent  and  splendid,  and 
with  corresponding-  recklessness  had  indulgences 
published  in  Germany,  the  proceeds  of  which  were 
to  be  applied  to  this  great  undertaking-.  The  civil 
and  ecclesiastical  authorities  had  but  recently 
enacted  measures  restricting-  the  grants  of  indul- 
gences and  therefore  this  publication  of  them  g-ave 
no  little  offense. 

Pope  Martin  V.  had  in  1418  made  a  corcordat 
with  the  Germans  by  which  it  was  hoped  to  remedy 

170 


ALMS  FOR  ST.    PETER'S.  171 

the  terrible  evils  and  correct  the  flagrant  abuses 
which  afflicted  the  Church.  The  tenth  article  of  it 
was  concerning*  indulgences,  and  by  it  the  Pope 
agreed  "to  avoid  for  the  future  too  great  an  effusion 
of  indulgences  lest  they  become  despised,  and  to 
recall  and  annul  all  the  indulgences  granted  since 
the  death  of  Gregery  XI."  (Hardt,  Concil.  Const. 
Vol.  I.)  Later,  in  the  year  1500,  the  electoral 
princes  entered  a  protest  ag-ainst  the  publication  of 
indulgences,  for  the  corcordat  was  ig-nored,  and 
enacted  in  1510  that  sums  of  money  arising1  from 
this  source  should  not  be  sent  out  of  the  country. 
The  emperor,  Maximilian,  was  at  special  pains  to 
see  that  the  latter  provision  was  faithfully  executed. 

John,  Bishop  of  Meissen,  had  also  issued  a  prohi- 
bition^ cautioning-  everyone  in  his  diocese  ag-ainst 
receiving-  the  preachers  of  indulgences;  and  a  similar 
prohibition  had  been  published  in  the  diocese  of  Con- 
stance. Luther  was  therefore  not  the  first  to  pro- 
test ag-ainst  the  flag-rant  abuses  incident  to  unwise 
concessions  of  indulgences;  but  had  he  been,  no 
blame  could  have  been  attached  to  him,  for  he  would 
have  been  only  exercising-  a  rig-ht  which  he  had  in 
virtue  of  his  offices  of  preacher,  confessor  and  doctor 
of  theology.  No  fault  could  have  been  found  with 
him  for  having-  denounced  whatever  was  really 
extravag-ant  and  excessive  in  the  preaching-  of  indul- 
gences and  for  having-  called  for  some  authoritative 
settlement  of  the  question  of  which  he  afterwards 
confessed  "he  knew  no  more  at  that  time  than  those 
who  came  to  inquire  of  him."  (Alzog\  Vol.  III., 
page  11.) 

170.     If  Luther  had  confined  himself  to  reformino- 


172  THE   ROMAN   COURT. 

abuses  and  denouncing-  what  everyone  knew  was 
corrupt  and  should  be  remedied,  he  would  simply 
have  been  doing-  what  many  saintly  men  in  his  own 
time  were  undertaking-,  and  what  every  sincere  Chris- 
tian preacher  or  doctor  is  fully  entitled  to  do  in  our 
day.  If,  for  instance,  (returning-  to  the  subject  of 
this  treatise,)  corruption  should  be  shown  to  exist 
among-  the  Roman  Congregations  of  to-day,  (which 
cannot  be  shown)  and  if  the  officials  employed  therein 
should  be  proved  venal,  what  is  to  prevent  anyone 
from  exposing-  them  ? 

What  ailed  Luther  was  not  a  Christian  desire  for 
reform  in  the  Church,  but  a  heartfelt  soreness  caused 
by  jealousy  that  another  order  and  not  his  own  was 
chosen  to  preach  the  newly-granted  indulg-ence. 
Instead  of  reforming*,  he  endeavored  to  overthrow 
the  Church.  Instead  of  showing  up  the  immorality 
of  certain  individuals,  he  denied  the  dog-mas  of  faith 
which  the  Church  held  as  truly  and  firmly  in  his 
day  as  in  the  time  of  the  apostles. 

The  upheaval  in  Germany  was  great;  and  indul- 
g-ences  inopportunely  granted  with  a  view  that  the 
faithful  wTould  contribute  towards  the  re-building-  of 
St.  Peter's  in  Rome,  were  the  occasion  of  all  northern 
Europe  separating-  from  the  unity  of  faith. 

171.  Pope  Leo  X.  conferred  on  those  in  charg-e  of 
St.  Peter's  the  rig-ht  to  accept  and  execute  leg-acies 
as  well  as  to  receive  alms,  and  Pope  Clement  VII. 
later  instituted  a  colleg-e  of  seventy  men  who  were 
to  administer  the  funds  and  superintend  the  re- 
building- of  the  basilica.  But  in  order  that  its 
affairs  might  be  manag-ed  in  a  safer  and  nobler  way, 
Clement  VIII.,    in  the  year  1593,  erected  a  special 


PIOUS   LEGACIES.  173 

Congregation  for  the  Fabric  of  St.  Peter's,  after 
the  manner  of  the  other  Congregations  instituted  by 
Pope  Sixtus  V.  Originally  this  Congregation  was 
composed  of  some  cardinals  of  the  Holy  Roman 
Church,  who  had  as  assistants  the  auditor  of  the 
apostolic  chancery,  the  treasurer  general,  the  prefect 
of  the  pontifical  household,  one  of  the  auditors  of  the 
Rota,  one  of  the  Pope's  chamberlains,  and  the  man- 
ager of  the  fabric,  who  performed  the  duties  of  sec- 
retary to  the  Congregation. 

172.  The  scope  and  office  of  this  Congregation 
according  to  its  original  institution  is  manifold.  For 
it  is  charged  to  see  that  donations  for  pious  causes 
made  either  by  the  living  or  by  last  will  are  properly 
executed,  and  it  has  the  right  to  apply  to  the  fabric 
of  St.  Peter's  all  proceeds  therefrom  which  should 
be  applied  to  some  good  work.  To  the  same  fabric 
it  can  apply  all  donations  which  are  uncertain  or 
which  are  found  made  for  an  uncertain  work.  It 
can  also  apply  to  the  fabric  of  St.  Peter's  legacies 
which  are  made  for  some  specified  purpose,  but 
which  cannot  be  used  for  such  a  purpose  because 
they  are  insufficient  for  the  designated  object. 
Again  it  can  apply  to  St.  Peter's  all  goods  left  or 
attributed  to  persons,  churches  or  pious  places 
which  according  to  their  institute  are  incapable  of 
acquiring  and  possessing  property.  Thus  bequests 
left  to  the  Capuchins,  the  Minor  Observants  and 
those  under  similar  rule  would  be  applied  to  the 
fabric  of  St.  Peter's. 

Finally  this  Congregation  can  review  and  decide 
causes  concerning  contracts  which  alienate  goods 
belonging  to  any  pious  place,  and  it  can  devote  to  the 


174  THEJ   ROMAN   COURT. 

fabric  of  St.  Peter's  the  ill-gotten  proceeds  from 
such  contracts  whenever  they  have  been  made  with- 
out apostolic  sanction. 

173.  That  the  Congregation  might  fulfil  its  duties 
properly,  it  was  accustomed  to  appoint  commis- 
sioners in  various  provinces,  who  had  a  proper  and 
coercive  tribunal  for  deciding  questions  in  the  first 
instance,  an  appeal  from  which  lay  to  the  Congre- 
gation itself  in  Rome.  Further,  in  order  that  they 
might  properly  fulfil  their  duty  in  regard  to  pious 
legacies,  the  notaries  and  keepers  of  records,  by 
general  edict  of  August  16,  1788,  were  obliged  to 
show  these  commissioners  all  records  regarding 
donations  to  pious  causes  made  either  by  the  living" 
or  by  last  will. 

Moreover,  for  the  papal  states  a  special  tribunal 
was  founded  at  Rome  "known  as  the  tribunal  of  the 
Fabric  of  St.  Peter's,  which  by  regular  contentious 
process  decided  causes  in  relation  to  the  administra- 
tion of  St.  Peter's.  This  tribunal  had  jurisdiction 
even  over  criminal  offenses  which  were  committed  in 
St.  Peter's  itself  or  in  the  immediate  vicinity. 

174.  With  the  lapse  of  time,  however,  changes 
occurred,  for  in  the  year  1863,  the  aforementioned 
tribunal  was  abolished,  and  at  the  same  time  the 
work  and  office  of  the  commissioners  ceased.  The 
Congregation  itself  remained,  and  still  remains  in 
existence,  though  it  is  now  composed  only  of  eight 
cardinals  and  a  secretary  who  at  the  same  time  ful- 
fils the  duties  of  manager  of  the  fabric  of  St.  Peter's. 
The  prefect  of  this  Congregation  is  the  cardinal 
archpriest  of  the  Basilica  of  St.  Peter's,  though  for- 


PIOUS  LEGACIES.  175 

merly,  according-  to  DeLuca,  the  senior  cardinal  of 
the  Congregation  was  its  prefect. 

175.  The  ordinary  office  or  duty  of  this  Congrega- 
tion at  the  present  day  is  to  exercise  in  a  gracious 
way  its  faculties  in  respect  to  pious  legacies  and  the 
obligation  of  Masses.  Business  of  this  kind  done  by 
the  Congregation  is  twofold.  It  grants  to  the  faith- 
ful who  may  be  oppressed  by  obligations  coming 
from  pious  leg-acies,  a  compromise  for  just  reasons  in 
regard  to  past  omissions,  and  absolves  them  from 
the  oblig-ation  after  they  have  given  a  specified  sum 
of  money  to  the  fabric  of  St.  Peter's;  and  likewise 
for  just  reasons  it  also  reduces  their  obligations  for 
the  future.  Further,  it  gives  bishops  who  request 
them,  faculties  for  a  certain  time  by  which  they  are 
empowered  to  reduce  similar  obligations. 

The  Congregation  also  transfers  the  obligations  of 
Masses  from  one  church  or  altar  to  another,  and 
extends  the  time  for  saying  manual  Masses  longer 
than  the  usual  two  months  allowed  by  law.  The 
other  special  work  of  the  Congregation  is  that  it 
allows  and  approves  the  redeeming  of  pious  obliga- 
tions induced  by  legacies.  Those  asking  such  a 
favor  must  pay  to  the  ordinary  of  the  diocese  where 
the  case  arises  a  certain  sum  of  money  as  a  principal, 
which  he  must  then  invest  and  hold  in  trust  that 
from  the  interest  on  this  principal  the  yearly  oblig-a- 
tion imposed  by  the  legacies  may  be  properly 
satisfied. 


CHAPTER  IX. 

THE  CONGREGATION  OF  THE  COUNCIL;  THE  SUB- 
ORDINATE CONGREGATIONS  FOR  VISITS  AD 
LIMINA,  FOR  REVIEWING  PROVINCIAL  SYNODS, 
FOR  ECCLESIASTICAL  IMMUNITY,  FOR  THE  RESI- 
DENCE  OF   BISHOPS. 

176.  After  the  Congregations  which  specially 
treat  matters  of  faith  and  those  which  attend  to 
questions  of  worship  in  the  Church,  the  several 
Congregations  whose  specified  object  is  the  enforce- 
ment of  proper  discipline  invite  attention.  The 
Council  of  Trent  issued  many  decrees  concerning- 
reformation  and  discipline  but  left  to  the  Sovereign 
Pontiff  the  care  of  enforcing  and  interpreting  its 
enactments.  Pope  Pius  IV.  in  the  year  1564  con- 
firmed the  acts  of  the  council  and  at  the  same  time 
absolutely  prohibited  the  publication  of  any  com- 
mentary, glossary,  annotation  or  interpretation  of 
its  decrees.  During  the  same  year  he  established  a 
Congregation  of  six  cardinals  whose  express  duty 
was  to  see  to  the  observance  of  the  decrees  of  the 
council  concerning  reformation.  This  Congregation 
had  no  authority  to  interpret  the  council,  for  this 
matter  the  Pope  specially  reserved  to  himself. 

But  Pius  V.  enlarged  its  powers  and  ordained  that 
in  all  cases  in  which  there  was  no  doubt  of  the  mean- 
ing of  the  decrees,   the  Congregation  could  pass  a 

176 


COMPETENCY  OF  CONGREGATION.      177 

definitive  sentence;  but  in  all  other  cases  it  should 
recur  to  the  Supreme  Pontiff.  Later  Pope  Sixtus  V. 
confirmed  the  establishment  of  the  Congregation 
and  gave  it  general  powers  to  interpret  the  decrees 
of  the  Council  of  Trent  on  reformation,  with  the 
one  condition  that  the  head  of  the  Church  must  first 
be  consulted  in  the  matter.  The  Congregation  it- 
self now  passes  sentence  and  the  Sovereign  Pontiff 
confirms  it.  Hence  its  name  was  broadened  so  as  to 
include  its  additional  work,  and  it  is  called  the  Con- 
gregation of  Cardinals  who  interpret  the  Council  of 
Trent.  Their  faculties  extend  to  all  the  Tridentine 
decrees  on  reformation  or  discipline,  but  not  to  the 
decrees  on  faith  or  dogma.  The  interpretation  of 
these  is  reserved  to  the  Pope  himself,  and  questions 
concerning-  them  are  usually  referred  to  the  Holy 
Office  for  examination.  Since,  however,  the  reform- 
atory decrees  of  Trent  touch  nearly  every  point  of 
ecclesiastical  jurisprudence,  the  committee  or  Con- 
gregation for  interpreting-  them  has  the  power  to 
explain  authoritatively  all  canon  law.  Moreover,  in 
matters  of  discipline  it  has  not  only  judicial  but  leg- 
islative  authority  over  the  entire  Church,  being- 
empowered  to  make  such  laws  as  are  deemed  oppor- 
tune. 

177.  The  Sacred  Congregation  of  the  Council  has 
therefore  a  threefold  power.  It  can  interpret  the 
Council  of  Trent,  it  can  decide  controversies,  except 
such  as  pertain  to  dog-ma;  and  it  can  make  regula- 
tions concerning-  discipline.  These  thing's  it  can  do 
and  its  rescripts  it  can  issue  in  the  name  of  the  Pon- 
tiff, according-  to  a  faculty  g-iven  to  this  effect  by 
Greg-ory  XIV.     The  right  to  interpret  the  disciplin- 


178  THE   ROMAN   COURT. 

ary  decrees  of  the  Council  of  Trent  belongs  to  this 
Congregation  exclusively;  but  the  faculties  regard- 
ing- other  matters  it  holds  in  common  with  other 
Congregations.  Thus  to  the  Congregation  of  the 
Council  or  to  the  tribunal  of  the  Rota,  matrimonial 
causes  which  are  appealed  to  the  Holy  See  may  be 
referred.  Again,  causes  concerning-  nullity  of  a 
relig-ious  profession  which  are  appealed  to  the  Holy 
See  may  be  referred  to  this  Congregation  or  to  the 
Congregation  on  Bishops  and  Regulars. 

Because  of  a  similar  dependence  on  the  Council  of 
Trent,  causes  concerning  the  residence  of  bishops 
and  other  beneficiaries  may  be  treated  before  this 
Congregation,  and  for  a  just  reason  leave  of  absence 
to  such  incumbents  without  loss  of  revenues  may  also 
be  granted  by  it.  This  Congregation  can  also  grant 
the  faculty  for  reducing-  the  obligation  of  founded 
Masses  because  of  a  diminution  of  revenues. 

178.  Matrimonial  causes,  especially  in  regard  to 
the  bond  and  in  regard  to  dispensations  from  an 
unconsummated  marriag-e,  are  adjudicated  by  this 
Congregation.  And  for  this  reason  among-  its  offi- 
cials there  is  one  called  the  defender  or  advocate  of 
marriag-e,  whose  duty  is  to  produce  reasons  in  defense 
of  the  marriage  which  is  being-  contested.  Irregu- 
larities of  clerics  are  also  examined  by  this  committee 
and  at  its  instance  dispensation  is  granted  by  the 
Sovereign  Pontiff.  Questions,  also,  which  relate  to 
the  excardination  of  clerics  and  their  incorporation 
into  other  dioceses  than  those  for  which  they  were 
ordained,  are  heard  and  decided  by  the  Congregation 
of  the  Council. 

Moreover  in  regard  to  benefices  this  Congregation 


OFFICIALS   OF    CONGREGATION.  179 

has  competent  jurisdiction,  particularly  when  the 
matters  are  in  any  way  connected  with  the  decrees 
of  Trent.  Thus  questions  arising-  out  of  the  union 
or  attempted  union  of  benefices  or  parishes  with  a 
cathedral  or  seminary  would  be  referred  to  this 
Congregation  for  examination  and  decision.  The 
same  would  be  done  in  the  case  of  several  contestants 
for  an  appointment  to  ecclesiastical  office,  or  in  case 
of  a  complaint  that  unworthy  persons  are  appointed, 
or  that  the  proper  method  of  appointment  has  not 
been  followed.  Finally  all  questions  which  relate 
to  the  alienation  of  church  property  come  under  the 
jurisdiction  of  the  Congregation  of  the  Council. 

179.  The  Sacred  Congregation  of  the  Council  is 
now  composed  of  twenty-eight  cardinals,  one  of 
whom  is  appointed  prefect  by  His  Holiness.  The 
number  of  cardinals  is  not  fixed  and  they  are  selected 
also  from  those  who  reside  away  from  Court.  The 
prefect  superintends  the  work  of  the  committee  and 
its  officials,  and  signs  letters  and  decrees  which  are 
then  countersigned  by  the  secretary. 

The  office  of  secretary  to  this  Congreg-ation  is 
considered  a  most  important  one  and  to  it  a  titular 
archbishop  is  usually  appointed.  One  reason  for 
this  appointment  of  a  bishop  as  secretary,  is  because 
he  has  frequently  to  write  to  bishops,  and  should 
be  their  equal.  This  position  is  considered  a  cardi- 
nalitial  one,  and  its  incumbent  after  serving-  a  certain 
time,  is  almost  sure  of  being- promoted  to  the  dig-nity 
of  the  cardinalate.  The  Congreg-ation  has  an  audi- 
tor whose  position  is  also  of  great  prominence,  for  he 
assists  the  secretary  and  supplies  his  place  in 
many  thing's.     The   auditor   generally    prepares  or 


180  THE   ROMAN   COURT. 

summarizes  the  causes  which  are  to  be  printed  and 
in  the  name  of  the  secretary  distributed  to  the 
cardinals  of  the  Congregation.  Likewise  he  attends 
to  the  other  writings  which  pertain  to  the  secretary's 
office,  and  either  by  himself  or  with  the  assistance  of 
the  subsecretary  and  inferior  officials  keeps  a  record 
of  all  matters  belonging  to  the  committee  and  of  the 
documents  which  have  been  referred  to  bishops  for 
their  opinions.  The  officials  are  an  archivist,  two 
minutanti,  a  protocolist,  and  four  scrittori  or  writers. 

180.  A  Latin  secretary  is  usually  appointed  for 
the  special  work  of  writing*  letters  to  bishops  in  the 
Latin  language.  Pope  Benedict  XIV.  mentions  this 
official  in  these  words:  "He  whose  work  in  this 
Congregation  in  replying*  in  Latin  to  the  letters  of 
bishops."  This  office  at  present  is  filled  by  one  of 
the  other  officials. 

Attached  to  this  Congregation  at  the  present  time 
are  a  number  of  prelates  of  the  Roman  Court.  Por 
when  Pope  Leo  XIII.  ascended  the  throne,  he  imme- 
diately turned  his  eyes  to  the  prelates  of  the  Court 
and  began  seeking  a  way  in  which  their  services 
could  be  utilized  for  the  benefit  of  the  whole  Church, 
and  they  could  at  the  same  time  improve  their  knowl- 
edge of  canon  law  and  obtain  experience  in  treating 
ecclesiastical  affairs  or  in  solving*  difficult  questions. 
Therefore,  by  command  of  His  Holiness,  the  Secre- 
tary of  State  issued  an  order  by  which^'quite  a  num- 
ber of  these  prelates  were  attached  to  the  Sacred 
Congregations  of  the  Council,  of  Bishops  and  Regu- 
lars and  of  the  Propaganda;  and  to  them  was 
assigned  the  work  of  examining*  and  discussing* 
causes  in  the  presence  of  the  cardinal-prefect  and  the 


STUDENTS   OE    CONGREGATION.  181 

secretary  of  their  respective  Congregations,  and  of 
giving-  a  consultive  vote  before  the  causes  are  pro- 
posed for  hearing  and  decision  in  the  general  meeting 
of  the  cardinals. 

181.  There  is  also  a  school  for  young  canonists 
attached  to  the  Congregation  of  the  Council,  wherein 
they  may  be  initiated  into  the  intricacies  of  church 
law  and  become  accustomed  to  the  method  of  treat- 
ing cases.  In  a  measure  they  take  the  place  and  do 
the  work  of  consultors.  The  secretary  admits  a 
certain  number  of  young  priests  or  clerics  to  this 
school,  which  is  called  the  studium  or  study,  and 
over  which  the  auditor  presides.  For  this  reason  he 
is  sometimes  called  the  "head  of  the  study."  The 
students  thus  admitted  gather  at  certain  hours  in 
the  secretary's  office,  which  is  now  in  the  Palazzo 
della  Cancellaria  Apostolica,  and  there  the  auditor 
communicates  to  them  the  various  difficult  causes 
which  are  to  be  treated  in  the  Congregation.  A  cer- 
tain cause  is  assigned  them  for  study,  and  one  of  the 
students  is  charged  with  the  work  of  preparing  an 
opinion  on  it,  and  suggesting  a  decision.  Then  on 
the  appointed  day  he  reads  the  dissertation  he  has 
prepared  in  the  presence  of  the  auditor  and  the  other 
students,  and  they  also  give  their  ideas,  quoting 
law,  authorities  and  reasons  for  their  conclusions. 
It  usually  happens  that  the  causes  are  so  thoroughly 
discussed  in  this  study,  that  the  conclusion  reached 
by  the  students,  though  it  has  no  weight  at  all  and 
is  not  even  mentioned  in  the  Congregation,  is  never- 
theless the  one  which  is  later  found  to  be  the  decis- 
ion of  the  cardinals.  Many  of  these  students  are 
afterwards  chosen  for  various  positions  in  the  Sacred 


182  THE   ROMAN   COURT. 

Congregations,  or  to  act  as  vicars-general  to  bishops 
in  those  dioceses,  where  the  law  is  followed  which 
provides  that  the  bishop's  vicar-general  shall  be 
chosen  from  outside  his  diocese.  • 

Clerics  of  various  nations  may  obtain  admission  to 
this  study,  where  they  neither  pay  nor  are  paid,  and 
indeed  it  is  a  most  beneficial  resort  for  anyone  who 
expects  to  devote  his  attention  to  the  practice  of 
canon  law.  There  are  no  Americans  in  it  at  the 
present  time.      Why? 

182.  Much  of  the  business  which  is  referred  to  the 
Congregation  of  the  Council  does  not  need  the  con- 
sideration of  the  cardinals,  either  because  it  has 
often  been  decided  or  because  it  can  easily  be  settled 
by  a  rescript  of  the  cardinal-prefect.  When  there- 
fore the  secretary  thinks  the  business  is  of  that  kind 
he  does  not  place  it  before  the  cardinals  in  general 
committee,  but  attends  to  it  himself  together  with 
the  cardinal-prefect,  after  an  audience  with  the  Holy 
Father  if  the  matter  demands  it.  The  letters  or 
decrees  by  which  he  replies  to  applications  or  con- 
sultations on  business  of  this  kind  are  signed  by 
both  the  prefect  and  the  secretary  and  sealed  with 
the  seal  of  the  Congregation. 

183.  Again  there  are  other  aifairs  which  require 
some  examination,  but  which  are  easily  made  clear 
by  a  short  exposition  and  discussion.  Such  for 
instance  are  many  doubts  concerning  unimportant 
things,  and  such  too  are  nearly  all  causes  of  favor. 
These  matters,  therefore,  the  secretary  explains  in 
the  Congregation  of  the  Cardinals  in  a  short  form, 
or  as  it  is  called,  by  a  summary  of  the  requests,  and 
concludes  his  statement  with  these  or  similar  words  : 


METHOD    OF    PROCEEDING.  183 

"Wherefore  may  your  Eminences  deign  to  decide  the 
following-  doubts  1° — ,  2° — . "  The  matter  being-  thor- 
oughly considered,  the  cardinals  give  their  decision 
by  voting  yes  or  no  to  each  doubt  proposed. 

It  sometimes  happens  that  a  cause  which  is  pro- 
posed by  the  secretary  in  a  summary  way,  after  dis- 
cussion appears  more  serious  and  requires  further 
information  and  discussion.  In  such  a  case  the  car- 
dinals order  the  matter  prepared  in  print,  in  folio, 
and  postpone  it  to  another  meeting.  But  even 
though  the  cause  is  treated  in  this  summary  way, 
previous  information  if  necessary,  is  requested  by 
the  secretary  from  the  ordinaries  or  from  other  qual- 
ified persons  residing  in  the  place  where  the  cause 
originated.  At  times  also  secret  information  is 
obtaiued  in  order  that  witnesses  may  not  be  molested 
or  injured.  The  votum  or  opinion  of  the  bishop  who 
is  thus  consulted  has  great  weight  with  the  Congre- 
gation. 

184.  Contentious  causes  and  also  those  which 
imply  difficult  doubts  are  not  treated  by  way  of  a 
summary  but  are  put  in  folio,  that  is,  an  exposition 
of  them  is  printed  and  copies  are  distributed  to  the 
cardinals  some  time  previous  to  the  meeting  in  which 
the  cause  is  to  be  discussed.  But  in  contentious 
causes  there  are  two  ways  of  proceeding;  either 
servato  juris  ordine  or  ex  officio.  When  either  or 
both  parties  wish  to  proceed  according  to  the  regu- 
lar method  of  law,  they  declare  this  through  their 
regularly  appointed  procurators.  This  declaration 
is  usually  made  by  the  words,  nihil  transeat,  let 
nothing  be  omitted;  and  then  the  Congregation  as  a 
court  follows  strictly  the  judicial  form  of  proceed- 


184  THE   ROMAN  COURT. 

ing-.  The  expenses  of  this  method  are  very  great, 
and  must  be  paid  by  the  contestants  or  by  the  loser 
if  the  court  so  decides.  Hence  the  parties  usually 
prefer  not  to  proceed  in  this  way,  but  ex  officio,  in 
an  informal  manner.  In  such  a  case  an  exposition  of 
the  whole  cause  is  drawn  up  by  the  secretary  or  his 
auditor  with  the  documents  and  arguments  of  each 
side  attached;  and  at  the  end  of  the  exposition,  the 
matter  itself  which  is  in  contest  is  placed  in  the  form 
of  a  doubt.  This  writing*  is  then  printed  at  the 
expense  of  the  pontifical  government  and  distributed 
to  the  cardinals.  In  the  meantime  the  interested 
parties  or  their  procurators  visit  the  cardinals  to  g-ive 
them  information,  "ad  informandum"  on  the  merits 
of  the -case,  and  beg"  a  favorable  decision.  At  a 
meeting-  held  shortly  afterwards,  the  cardinals  after 
deliberation,  decide  by  a  majority  vote  and  reply 
either  affimatively  or  negatively  to  the  proposed 
doubts  or  questions,  which  are  so  drawn  as  to  epito- 
mize the  whole  case.  The  secretary  then  notifies 
the  parties  concerning-  the  decision. 

185.  This  method  of  proceeding-  ex  officio,  and 
with  printed  documents  is  followed  both  in  conten- 
tious causes  and  in  the  more  difficult  causes  which 
are  not  contentious  but  which  imply  much  examina- 
tion and  discussion.  Such,  for  instance,  are  some  of 
the  doubts  proposed  in  reg-ard  to  passag-es  of  the 
Council  of  Trent,  a  decision  on  which  mig-ht  aifect 
canon  law  itself. 

In  all  cases,  however,  when  the  procedure  is  ex 
officio,  necessary  and  opportune  information  is 
requested  from  the  ordinaries  concerned,  or  from 
other  persons  worthy  of  credence. 


OBLIGATION   OF   DECREES.  185 

186.  The  resolutions  or  decrees  of  the  Congrega- 
tion of  the  Council  which  were  made  previous  to  the 
year  1718  have  never  been  printed.  But  in  the 
archives  of  the  Congregation  they  are  kept  in  folio 
volumes  which  are  called,  The  Books  of  Decrees, 
and  are  so  cited  by  Benedict  XIV.  and  other  authors 
who  quote  decisions  from  them.  The  pag-es  of  these 
books  are  numbered  only  on  one  side,  so  that  if  the 
decision  is  to  be  found  on  the  unnumbered  part  of  the 
folio,  the  words  a  tcrgo  are  added,  which  mean  that 
the  number  g'iven  must  be  sought  and  then  the  pag*e 
must  be  turned.  These  Books  of  Decrees  are 
most  valuable,  because  they  contain  many  important 
decisions  made  from  the  time  of  the  Council  of  Trent 
up  to  1718,  which  are  authentic  interpretations  of 
canon  law. 

Some  of  them  have  been  copied  by  authors  deemed 
worthy  of  confidence,  such  as  Fagfnan  and  Benedict 
XIV. ;  and  others  may  be  obtained  iu  authenticated 
copies  from  the  secretary  of  the  Congreg-ation,  on 
the  payment  of  a  small  fee  for  the  copyist.  But 
from  the  year  1718  the  decisions  and  decrees  issued 
by  the  Congregation  on  matters  treated  by  it  in  folio 
or  in  print  have  been  published  under  the  title, 
Thesaurus  Resolutionum.  One  volume  appears 
each  year  and  the  average  cost  is  about  one  dollar  a 
volume.  The  work  is  most  necessary  for  canonists, 
since  it  contains  the  law  of  the  present  day. 

The  resolutions  and  decrees  issued  on  matters 
treated  in  the  Congregation  by  the  summary  process 
are  not  included  in  this  Thesaurus,  but  the  principal 
causes  thus  treated  and  decided  from  1823  to  1870 


186  THE   ROMAN  COURT. 

have   been   gathered    by   Ling-en    and    Reuss    and 
printed  by  Fr.  Pustet. 

187.  There  is  considerable  controversy  among 
canonists  reg-arding-  the  authority  of  the  resolutions 
made  by  the  Sacred  Congregation  of  the  Council. 
They  dispute  as  to  whether  these  resolutions  have 
decisive  force  only  in  the  case  proposed  and  in  respect 
to  the  persons  who  proposed  it,  just  as  in  the  case  of 
judgments  rendered  by  a  tribunal;  or  whether  they 
are  not  rather  g-eneral  rules  oblig-atory  in  law  and 
conscience  on  all  who  may  be  in  a  position  similar  to 
that  mentioned  in  the  case  adjudicated. 

There  can  be  no  question  in  reg-ard  to  those 
decrees  which  are  issued  by  the  Congreg-ation  with 
the  consent  of  the  Sovereig-n  Pontiff  and  are  promul- 
gated in  Rome  in  the  usual  manner  of  laws;  for  in 
respect  to  them  nothing-  can  prevent  them  being-  con- 
sidered pontifical  laws.  The  question  is  therefore 
confined  to  declarations  or  answers  given  to  pro- 
posed cases. 

188.  St.  Lig-ouri  says  there  are  two  opinions  in 
this  matter  and  either  is  probable.  Many  hold  that 
the  replies  of  the  Congreg-ation  are  to  be  considered 
doctrinal  decisions,  which  are  indeed  of  great  weight, 
so  that  a  wise  man  will  not  recede  from  them  unless 
for  a  very  grave  reason,  but  which  nevertheless  of 
themselves  have  no  oblig-atory  force  except  for  the 
persons  to  whom  they  are  g-iven.  Others  maintain 
that  the  declarations  of  the  Congregation  have  the 
force  of  law  for  all  to  whom  they  become  known. 

The  solution  of  the  question  seems  to  depend  on 
the  object  which  is  directly  effected  by  the  decision 
of  the  Congregation.     For  either  it  lays  down  a  gen- 


OBLIGATION   OF   DECREES.  187 

eral  principle  by  giving-  an  interpretation  of  common 
discipline;  or  it  applies  a  general  principle  to  some 
particular  fact  with  its  circumstances;  or  finally  it 
discerns,  orders  or  prohibits  something  beyond  the 
general  law,  which  interpretation  is  called  by  canon- 
ists an  extensive  one. 

,  In  the  first  case  the  interpretation  is  authentic, 
has  the  force  of  law  and  must  be  applied  to  alj.  sim- 
ilar cases,  even  if  it  is  not  promulgated  in  the  usual 
way  of  laws;  provided  only  the  decision  is  authenti- 
cated by  the  signatures  of  the  cardinal-prefect  and 
the  secretary  of  the  Congregation.  The  reason  is, 
that  according  to  the  more  common  and  well-founded 
opinion  of  the  learned,  an  interpretation  which  does 
not  make  new  law  but  simply  explains  a  law  already 
made  and  promulgated,  does  not  require  a  new 
solemn  promulgation.  Further,  the  very  end  which 
the  Holy  See  had  in  view  in  committing  to  the  Con- 
gregation the  interpretation  of  general  discipline,  as 
well  as  the  practice  of  the  Congregation  itself  which 
constantly  orders  that  when  new  doubts  are  pro- 
posed* its  previous  declarations  must  be  followed, 
gives  a  conclusive  argument  that  the  declarations 
interpreting  general  discipline  are  of  obligation 
everywhere  and  for  all.  Hence,  too,  the  former 
opinion  mentioned  by  St.  Ligouri,  that  these  decis- 
ions are. only  doctrinal,  can  no  longer  be  considered 
probable,  because  it  is  against  the  established  prac- 
tice of  the  Apostolic  See,  now  better  known  than 
when  St.  Ligouri  wrote. 

189.  In  the  second  supposition,  that  is,  when  the 
decision  of  the  Congregation  applies  a  general  prin- 
ciple to  a  particular  fact  viewed  in  all  its  circum- 


188  the  roman  court. 

stances,  there  is  no  authentic  interpretation  of  law, 
but  a  judgment  is  rendered  in  a  particular  case. 
Hence  it  may  be  said  with  DeAngelis,  that  such  a 
declaration  is  applicable  only  to  that  one  case,  as  in 
trials,  but  not  to  similar  cases  so  that  they  should  be 
considered  decided  thereby.  But  it  is  never- 
theless of  great  authority,  and  if  the  circumstances 
and  adjuncts  are  the  same,  other  similar  cases  may 
be  considered  prejudged,  even  though  not  decided  by 
such  a  declaration. 

In  the  third  supposition,  that  is,  when  an  extensive 
or  restrictive  interpretation  of  the  general  law  is 
given,  by  adding  to  or  subtracting  something  from 
the  text,  it  has  not  the  obligatory  force  of  law  in 
respect  to  all,  unless  it  is  promulgated  like  a  new 
law  or  unless  it  is  given  in  agreement  with  and  to 
confirm  the  generally  accepted  interpretation  which 
through  custom  already  has  the  force  of  law.  The 
reason  is  that  this  Congregation  has  not  the  power 
of  making  new  laws,  such  as  this  interpretation 
would  be.  Hence  such  an  interpretation  to  become 
law  must  be  promulgated  in  the  usual  manner.  * 

190.  Several  subordinate  or  particular  Congrega- 
tions are  attached  to  the  Congregation  of  the  Coun- 
cil. One  of  them  is  the  special  Congregation  or  sub- 
committee for  RECEIVING  AND  EXAMINING  THE 
REPORTS  OF  BISHOPS  ON  THE  STATE  OP.  THEIR 
CHURCHES.  Benedict  XIV.  instituted  this  special 
Congregation  on  November,  23,  1740.  The  reason 
given  is  that,  "since  patriarchs,  primates,  arch- 
bishops, bishops  and  also  inferior  prelates  who  have 
quasi-episcopal  jurisdiction  with  a  distinct  territory, 
are  obliged  at  stated  times  to  make  a  visitation  ad 


VISITS   AD   LIMINA.  189 

limina,  and  at  the  same  time  give  a  report  to  the 
Holy  See  concerning"  the  churches  confided  to  their 
care;  and  since  they  are  accustomed  to  annex  to  their 
reports  certain  doubts  and  difficulties  to  which  they 
request  opportune  responses,  it  not  unf  requently  has 
happened  that  these  replies  were  delayed  much 
longer  than  was  right,  because  the  Congregation  to 
which  was  committed  the  care  of  examining  these 
reports  and  replying  to  the  questions  contained 
therein  was  unable  to  do  so  on  account  of  the  immense 
amount  of  work  always  on  hand."  Wherefore, 
innumerable  complaints  being  received  from  bishops 
in  regard  to  the  matter,  Benedict  XIV.  to  meet  and 
overcome  the  difficulty,  established  a  special  com- 
mittee of  prelates  to  which  this  work  was  assigned. 
The  prefect  and  secretary  of  the  general  committee 
or  Congregation  of  the  Council  are  also  prefect  and 
secretary  of  this  particular  subcommittee,  and  there- 
fore it  is  considered  merely  a  section  of  the  Congre- 
gation. 

191.  The  method  of  proceeding  in  this  Congrega- 
tion on  the  Reports  of  Churches  was  laid  down  by 
Pope  Benedict  XIV.  when  he  established  it.  The 
report  made  by  the  visiting  prelate  is  referred  to  the 
special  committee,  consisting  of  nine  prelates,  and 
read  and  accurately  considered  in  its  ordinary 
meetings.  If  nothing  extraordinary  or  difficult  is 
found  in  it,  the  cardinal-prefect  and  the  secretary 
attend  to  the  contents..  But  if  certain  doubts  or 
difficulties  of  greater  moment  are  found,  they  are 
presented  by  the  secretary  to  the  full  committee  or 
Congregation  of  the  Council.  Afterwards  the  opin- 
ions reached  by  both  the  committee  of  prelates  and 


190  THE   ROMAN   COURT. 

the  Congregation  of  Cardinals  are  referred  by  the 
secretary  to  the  Holy  Father  and  he  determines 
what  reply  is  to  be  made  to  the  visiting  prelate. 

192.  The  visit  ad  limina  referred  to  in  the  pre- 
ceding- number,  consists  in  this,  that  each  bishop  at 
a  certain  stated  time  is  obliged  to  visit  the  Sovereign 
Pontiff,  the  center  and  head  of  the  Church,  and 
make  a  report  to  him  on  the  condition  of  his  diocese. 
The  time  for  this  visit  varies  according  to  the  dis- 
tance of  the  bishops  from  Rome.  Thus  the  bishops 
of  Italy  and  the  adjacent  islands  are  to  make  the 
visit  every  three  years;  those  of  southern  and  western 
Europe  every  four  years;  those  of  other  parts  of 
Europe  and  of  Africa  every  five  years;  and  those  of 
the  rest  of  the  world  every  ten  years.  The  begin- 
ning of  all  these  periods  is  counted  from  December 
20,  1585,  when  the  constitution  of  Sixtus  V.  to  this 
effect  was  issued. 

The  time  for  the  visit  is  the  last  year  of  the  re- 
spective period  of  three,  four,  five  or  ten  years;  and 
therefore  bishops,  especially  those  of  Italy,  are  usu- 
ally not  received  for  their  visit  ad  limina  in  the  first 
year  of  their  period.  In  the  second  year  they  are 
received  only  rarely  and  because  of  a  reasonable 
cause.  The  same  is  to  be  said  of  the  longer  periods. 
(S.  Cong.  Res.  Epis.  July  17,  1657.)  They  must 
make  the  visit,  however,  before  the  expiration  of  the 
period,  that  is,  before  December  20  of  the  last  year 
of  their  respective  periods,  according  to  an  Instruc- 
tion of  the  Propaganda  dated  July  1,  1877;  and 
neglect  of  this  visit  formerly  was  punished  by  sus- 
pension ipso  facto  incurred.  This  censure,  how- 
ever, was  removed  by  Pius  IX.  because  it  is  omitted 


REPORTS  OF   BISHOPS.  191 

from  the  constitution  Aftostolicce  Sedis.  If  the 
bishop  is  unable  to  make  this  visit  personally,  he 
may  do  it  through  a  procurator  specially  appointed 
by  him  for  the  purpose. 

193.  The  visit  of  a  bishop  ad  limina  consists  of 
three  acts;  namely,  a  visit  to  the  basilica  of  St. 
Peter  and  St.  Paul,  an  audience  with  the  Pope,  and 
a  report  made  orally  to  the  Pontiff  and  in  writing"  to 
the  Congregation  concerning  the  condition  of  his 
diocese  in  regard  to  both  persons  and  things.  The 
prelates  of  missionary  countries,  instead  of  handing 
their  written  report  to  the  special  committee  of  the 
Congregation  of  the  Council,  make  it  to  the  Congre- 
gation of  the  Propaganda.  The  report  must  be 
made  in  regular  order,  giving  replies  to  sixty-four 
questions.  The  headings  under  which  these  ques- 
tions are  grouped  are  the  following:  The  origin, 
progress  and  boundaries  of  the  mission  or  diocese, 
with  a  map;  The  quality  and  aptitude  of  the  mis- 
sionaries or  clergy;  The  government  of  the  missions 
or  dioceses;  The  native  clergy;  Institutes  of  Regu- 
lars; The  sacred  ministry  and  the  conversion  of 
gentiles;  Churches,  chapels  and  presbyteries;  Eccle- 
siastical property  and  its  administration;  Things 
relating  to  divine  worship;  The  education  and  care 
of  youth;  Pious  institutions  or  societies;  Feasts, 
fasts  and  abstenance;  Cemeteries  and  sepulture; 
The  administration  of  the  sacraments;  Abuses  and 
necessities  of  the  mission  or  diocese.  If  any  ques- 
tion is  inapplicable  to  his  diocese,  the  bishop  replies 
to  that  number  by  the  words:  "I  have  nothing  to 
reply  to  this  question." 

Bishops   who  report  to  the  Congregation    of  the 


192  THE   ROMAN  COURT. 

Council,  according-  to  an  instruction  issued  by  order 
of  Pope  Benedict  XIII. ,  are  to  reply  to  sixty-one 
questions  grouped  under  eigfht  headings.  The  first 
heading-  regards  the  material  condition  of  the  diocese, 
g-iving-  the  number  of  churches,  parishes,  hospitals, 
colleg-es  and  the  like,  belonging  to  it.  The  second 
reg-ards  the  bishop  himself  and  his  rule,  while  the 
third  regards  the  secular  and  the  fourth  the  reg-ular 
clergy  of  the  diocese.  The  fifth  heading-  contains 
questions  in  reg-ard  to  nuns,  the  sixth  in  regard  to 
the  seminary,  the  seventh  in  regard  to  confra- 
ternities and  pious  places,  and  the  eig-hth  in  regard 
to  the  laity.  Under  a  separate  heading-  the  bishop 
will  group  his  requests  and  other  information  he  may 
wish  to  convey. 

From  merely  reading  these  heading's  it  is  evident 
that  if  exact  and  truthful  replies  are  given  to  each 
question,  the  Holy  See  acquires  an  intimate  knowl- 
edge of  the  condition  of  every  diocese  in  the  world. 
These  reports  are  preserved  in  the  Congregation 
and  used  for  reference  whenever  necessity  or  pru- 
dence demands  it.  Likewise  all  papers  and  corres- 
pondence containing-  complaints  in  reference  to  dio- 
ceses are  kept  in  the  Congregation  for  ten  years  at 
least,  and  when  received  are  placed  in  the  respective 
pigeon-hole  or  case  assigned  to  each  diocese.  These 
assignments  are  made  not  alphabetically  but  by 
grouping  the  dioceses  under  the  ecclesiastical  pro- 
vince to  which  they  belong.  After  ten  years  many 
of  these  reports  and  papers  are  placed  in  the  archives 
for  preservation. 

194.  Another  section  or  subcommittee  of  the  Con- 
gregation of   the    Council,  is    that  for    reviewing 


REVIEWING  COUNCILS.  193 

provincial  councils.  It  was  established  by  Pope 
Pius  IX.  while  he  was  at  Gaeta  in  1849.  About  this 
time  many  provincial  councils  were  held  throughout 
the  world,  and  agreeably  to  the  requirements  of  law 
were  submitted  to  the  Holy.  See  for  revision.  It  was 
apparent  that  if  this  work  of  revision  was  to  be 
done  by  the  whole  Congregation  in  the  usual  way, 
many  years  would  elapse  before  approval  could  be 
granted;  and  innumerable  complaints  would  ensue. 
Hence  Pius  IX.  instituted  a  particular  committee  of 
cardinals  selected  from  the  Congregation  of  the 
Council  and  to  them  assig-ned  this  work  of  revision. 
The  cardinal-prefect  and  the  secretary  of  the  Con- 
gregation of  the  Council  were  made  prefect  and  sec- 
retary of  this  subcommittee.  Seven  cardinals  at 
present  compose  this  subcommittee  to  which  twenty- 
seven  consul  tors  are  assig-ned.  These  were  taken  at 
first  only  from  the  prelates  of  the  Roman  Court,  but 
later,  at  the  request  of  Cardinal  Mai,  also  from  the 
reg-ular  clergy.  Now  twenty-one  of  them  are  mem- 
bers of  relig-ious  orders  and  six  are  prelates. 

195.  The  method  of  proceeding-  in  this  particular 
Congreg-ation  is  this:  The  provincial  synod  which 
is  to  be  examined  is  referred  to  one  of  the  consultors, 
who  is  chosen  for  the  purpose  by  the  secretary  with 
the  consent  of  the  cardinal-prefect.  This  consultor 
dilig-ently  examines  all  the  decrees  of  the  synod  and 
g-ives  his  animadversions  thereon  in  writing-  noting- 
the  pag-es  to  which  reference  is  made.  These  anim- 
adversions are  then  printed  and  g-iven  to  each  of  the 
cardinals  and  consultors.  The  consultors  then  meet 
with  the  secretary  and  g-ive  their  opinions  on  the 
criticism.     Later  the  cardinals  meet  and  after  the 


194  THE   ROMAN   COURT. 

secretary  has  submitted  the  opinions  of  the  consul- 
tors,  they  decide  on  the  corrections  which  should  be 
made  in  the  decrees  of  the  provincial  council  and  on 
the  letter  which  should  be  written  to  the  metropol- 
itan regarding-  the  matter. 

196.  The  Congregation  on  ecclesiastical  im- 
munity which  was  instituted  by  Pope  Urban  VIII., 
and  formerly  had  much  work  to  perform,  is  to-day 
only  an  appendix  of  the  Congregation  of  the  Council. 
It  is  not  known  whether  Urban  VIII.  established 
the  Congregation  orally  or  by  a  decree  in  Consistory 
or  by  a  brief;  but  its  work  was  to  protect  and  defend 
ecclesiastical  jurisdiction  and  immunity,  so  that 
this  immunity  might  not  be  violated  and  the  jurisdic- 
tion of  the  Church  might  not  be  usurped  by  secular 
magistrates  and  communities.  Several  cardinals  and 
prelates  constituted  the  Congregation.  The  latter 
were  to  examine  and  report  the  cases  in  a  summary 
way;  and  then,  without  any  judicial  process  but 
through  information  obtained  by  familiar  letters  sent 
to  and  from  the  ordinaries,  apostolic  nuncios  and 
other  prelates  whom  the  business  concerned,  a  decis- 
ion was  reached.  The  Congregation  formerly  met 
twice  a  month  in  the  apostolic  palace,  but  to-day, 
on  account  of  the  great  changes  in  the  civil  laws  of 
most  countries,  very  little  business  is  left  the  Con- 
gregation to  do,  because  there  is  scarcely  any  immun- 
ity for  ecclesiastical  persons  or  things  recognized  by 
civil  governments.  Hence  vacancies  that  occur  in 
the  offices  of  this  Congregation  are  no  longer  filled; 
and  work  which  would  belong  to  it,  is  now  done 
either  through  the  office  of  the  Secretary  of  State  by 


RESIDENCE   OF   BISHOPS.  195 

concordat,  or  through  the  Sacred  Congregation  of 
the  Council. 

197.  The  Council  of  Trent  laid  great  stress  on  the 
obligation  of  residence,  and  enacted  severe  laws 
against  beneficiaries  who  are  absent  from  their  bene- 
fices longer  than  the  usual  three  months  allowed 
each  year.  On  bishops  especially  is  urged  the 
observance  of  this  law;  and  hence  also  Pope  Urban 
VIII.  on  December  11,  1634,  instituted  a  special 
Congregation  to  see  to  the  enforcement  of  the  obli- 
gation and  to  examine  and  report  to  the  Sovereign 
Pontiff  the  reasons  for  which  permission  is  requested 
by  bishops  for  a  longer  absence  than  is  allowed  by- 
law. This  work  had  been  done  previously  by  the 
Congregation  of  the  Council. 

Originally  the  CONGREGATION  ON  THE  RESIDENCE 
OE  bishops  consisted  of  six  cardinals  with  the  cardi- 
nal-vicar of  Rome  as  prefect  and  the  secretary  of  the 
Congregation  of  the  Council  as  secretary,  both  hold- 
ing these  positions  ex  officio.  Pope  Benedict  XIV., 
on  September  3,  1746,  confirmed  the  establishment 
of  this  Congregation  and  added  to  its  duties.  At 
the  same  time  he  decreed  that  it  should  not  meet 
regularly,  but  only  when  some  business  was  referred 
to  it  by  the  Roman  Pontiff.  Thus  it  happened  that 
gradually  much  of  the  work  of  this  Congregation 
was  done  by  others;  and  to-day,  though  the  title  of 
a  Congregation  on  the  Residence  of  Bishops  still 
remains,  nevertheless  the  cardinal-vicar  of  Rome  and 
the  secretary  of  the  Congregation  of  the  Council  are 
the  only  members  of  it.  They  both  hold  ex  officio, 
and  perform  what  duties  may  be  assigned  to  them; 


196  THE   ROMAN  COURT. 

the  chief  of  which  is  to  receive  and  place  before  the 
Sovereign  Pontiff  requests  made  by  bishops  for  leave 
of  absence  from  their  dioceses.  Rescripts  relative  to 
these  matters  are  forwarded  by  the  cardinal-vicar 
of  the  city. 


CHAPTER  X. 

THE  CONGREGATION  OF  BISHOPS  AND  REGULARS; 
AND  THE  CONGREGATION  ON  REGULAR  DISCI- 
PLINE AND  ON  THE  STATE  OF  REGULARS. 

198.  Among"  the  various  Congregations  of  Cardi- 
nals is  one  whose  special  duty  is  to  settle  affairs 
which  concern  bishops  and  regulars.  It  is  called 
the  Congregation  of  Bishops  and  Regulars,  not  be- 
cause it  is  composed  of  them  but  because  it-*  has 
charge  of  affairs  which  concern  them.  At  first  there 
were  two  Congregations  established  for  this  work; 
one  in  regard  to  consultations  by  bishops,  the  other 
in  regard  to  consultations  by  regulars.  The  former 
seems  to  have  been  established  by  Pope  Greg- 
ory XIII.,  the  latter  certainly  by  Pope  Sixtus  V.  in 
a  brief  dated  May  17,  1586.  Thus  there  was  a  dis- 
tinct Congregation  for  the  secular  and  another  for 
the  regular  clergy  of  the  Church.  But  since  uni- 
formity and  harmony,  not  only  in  judicial  decisions 
but  also  in  the  spirit  of  government,  are  necessary 
for  the  greatest  good  of  the  Church  and  the  best 
development  of  both  secular  and  regular  clergy,  it 
was  deemed  wise  to  unite  these  two  Congregations 
as  the  most  efficacious  means  of  assuring  these 
objects.  This  was  done  in  the  year  1601,  and  there- 
fore the  present  Congregation  of  Bishops  and  Regu- 


198  THE   ROMAN   COURT. 

lars  has  all  the  powers  which  the  two  separate  Con- 
gregations formerly  had. 

199.  The  Congregation  by  rule  has  twenty-four 
cardinals  assigned  to  it,  though  practically  the  num- 
ber depends  on  the  Sovereign  Pontiif.  At  present 
twenty-nine  belong  to  this  Congregation,  one  of 
whom  is  the  prefect.  The  secretary  is  a  prelate, 
and  so  also  are  the  subsecretary,  who  assists  the 
secretar}7,  and  the  summista,  whose  duty  is  to  prepare 
a  compendious  exposition  of  the  causes  brought  before 
the  Congregation.  It  has  also  a  judge-relator,  not 
a  cleric,  on  whom -it  is  incumbent  in  criminal  causes 
brought  to  the  Congregation  by  way  of  appeal,  to 
report  the  state  of  the  case  to  the  assembled  cardi- 
nals in  order  that  they  may  judge  whether  the  sen- 
tence of  the  lower  court  is  to  be  confirmed,  reversed, 
or  modified  in  some  way.  In  these  causes  the  fiscal 
procurator  general  also  participates  for  the  purpose 
of  defending  the  sentence  of  the  episcopal  court.  In 
causes  of  greater  moment  which  are  not  criminal,  a 
cardinal  is  designated  by  the  Sacred  Congregation, 
whose  duty  is  to  consider  and  report  the  cases 
assigned  to  him.  This  cardinal  is  called  the  cardi- 
nal-relator  or  the  Most  Eminent  relator  in  respect  to 
these  cases. 

Before  the  time  of  Pope  Gregory  XVI.  the  Con- 
gregation had  no  consultors.  But  on  September  5, 
1834,  a  decree  was  issued  by  which  a  number  were 
assigned  to  it,  without,  however,  interfering  with 
the  previous  practice  of  the  Congregation  in  desig- 
nating a  certain  cardinal  to  act  as  the  Most  Eminent 
relator  for  a  certain  cause.  At  present  six  prelates 
and  twenty-one  members  of  religious  orders  are  con- 


POWERS  OF   CONGREGATION.  199 

suitors.  The  office  of  the  Congregation  is  in  the 
Palazzo  della  Cancellaria  Apostolica. 

200.  By  virtue  of  the  constitution  of  Sixtus  V., 
the  Congregation  of  Bishops  and  Regnlars  confirmed 
by  him  has  competency  in  all  causes  and  business 
which  concern  bishops  and  the  proper  administra- 
tion of  their  dioceses,  excepting-  only  those  cases 
which  involve  an  interpretation  of  the  Council  of 
Trent.  Hence  it  is  competent  to  receive  appeals 
made  to  the  Apostolic  See  ag-ainst  bishops,  either  by 
their  subjects  or  by  members  of  religious  orders;  it 
can  also  take  cognizance  of  lesser  criminal  charges 
ag-ainst  bishops,  to  hear  and  terminate  which  it  has 
ordinary  jurisdiction;  it  takes  cognizance  also  of 
greater  criminal  causes  of  bishops,  but  only  by  dele- 
gation of  the  Sovereign  Pontiff,  that  is,  the  Pontiff 
must  first  know  and  approve  the  intention  of  the 
Congregation  in  the  matter  and  then  confirm  its 
acts.  Further,  the  Congregation  replies  to  diffi- 
culties and  questions  which  may  arise  in  the  adminis- 
tration of  a  diocese  and  summarily  hears  and  decides 
causes  respecting-  churches  and  jurisdiction  whether 
these  concern  the  chapter  or  individual  persons. 

Again  the  Congregation  examines  and  approves  or 
disapproves  the  alienation  of  church  property,  for 
which  permission  is  required  from  the  Apostolic  See. 
Finally  it  assigns  a  vicar  apostolic  to  a  bishop  who 
may  be  unable  or  incompetent  to  dischargee  the 
onerous  duties  of  his  office,  and  examines  the  causes 
which  demand  the  removal  of  a  vicar-capitular  or 
even  of  a  bishop,  the  Sovereign  Pontiff  being-  first 
consulted.  An  instance  of  removal  of  a  bishop 
occurred  not  long-  ag-o  in  Belgium,  where  the  bishop 


200  THE   ROMAN   COURT. 

of  Tournai  was  removed  by  a  decree  of  the  Congre- 
gation of  Bishops  and  Regulars. 

201.  Cardinal  DeLuca  writes  thus  of  the  powers 
of  this  Congregation  :  "This  Congregation  has  full 
power  of  acting  even  in  those  things  which  are  pecu- 
liar to  other  Congregations;  wherefore  it  appears  to 
be,  as  Urban  VIII.  said,  in  a  certain  sense  a  univer- 
sal Congregation,  except  for  those  causes  which 
directly  concern  questions  of  faith  or  the  formal 
interpretation  of  the  Council  of  Trent;  in  other  cases, 
though  there  is  a  Congregation  of  the  Council,  still 
the  Congregation  of  Bishops  and  Regulars  takes 
cognizance  of  what  concerns  the  execution  and 
observance  of  the  council  and  its  decrees.  In  the 
same  way,  although  there  is  a  Congregation  of  Rites, 
whose  peculiar  duty  is  to  hear  and  decide  contro- 
versies on  precedence  and  ecclesiastical  pre-eminence 
between  secular  and  regular  clerics  as  well  as  to 
consider  the  claims  of  laymen  to  participate  in  eccle- 
siastical functions,  still  this  Congregation  of  Bishops 
and  Regulars  has  full  competency  in  all  these  causes. 
Therefore  the  exclusive  right  of  the  Congrega- 
tion of  Rites  is  limited  to  prescribing  for  divine  wor- 
ship and  to  the  canonization  of  saints." 

202.  The  Congregation  of  Bishops  and  Regulars, 
inasmuch  as  it  is  a  Congregation  for  regulars,  by 
virtue  of  the  same  constitution  of  Sixtus  V.,  treats 
the  affairs  of  all  regular  orders  and  communities. 
Thus  it  settles  contentions  which  arise  between  dif- 
ferent religious  orders,  or  within  the  same  order;  it 
examines  disturbances  and  complaints  caused  by  the 
election  of  a  superior  general  or  other  superiors,  or 
by  their  conduct  in   administering    their  office.     It 


METHOD    OF    PROCEEDING.  201 

permits  a  religious  to  go  from  one  order  to  another  of 
stricter  observance,  and  takes  cognizance  of  those 
who  leave  their  monasteries.  Also  it  considers  and 
decides  concerning  the  establishment  and  suppres- 
sion of  monasteries.  In  a  word,  this  Congregation, 
has  competency  in  all  that  regards  the  proper  rule 
and  direction  of  religious  orders  in  the  Church. 
Hence  it  is  said  to  be  the  busiest  of  all  Congregations 
and  the  principal  one  in  regard  to  the  multiplicity  of 
its  affairs,  excepting  the  Propaganda. 

203.  The  method  of  proceeding  in  the  Congrega- 
tion of  Bishops  and  Regulars  is  not  the  same  to-day 
as  it  was  formerly.  Hence  different  authors  give 
different  methods  in  accordance  with  the  time  in 
which  they  write.*  Plettenberg  says  that  in  the 
year  1693  all  business  of  the  Congregation  was  con- 
ducted in  an  informal  and  summary  way,  and  there- 
fore controversies  were  terminated  before  it  as  before 
princes  without  the  form  of  trial,  but  with  only  a 
certainty  of  the  facts  obtained  through  extra-judicial 
information.  He  adds  that  all  business,  even  the 
most  important,  was  done  by  this  Congregation 
without  any  charge  whatever,  even  for  the  necessary 
writings  and  papers  relating  to  the  causes. 

204.  The  present  method  was  made  of  obligation 
by  a  decree  of  September  5,  1834,  at  which  time  the 
working  of  the  Congregation  was  somewhat  re-or- 
ganized and  consultors  wTere  added  whose  duty  is  to 
examine  and  give  an  opinion  on  doubts  and  questions 
which  may  be  referred  to  them  by  the  cardinals. 

Of  the  business  coming  to  the  Congregation  some 
is  of  lesser  importance  or  of  urgent  need.  In  such 
cases,  if  the  cardinal-prefect  and  the  secretary  con- 


202  THE   ROMAN  COURT. 

sider  it  better  to  attend  to  the  matter  without  bring- 
ing" it  before  the  Congregation,  after  acquiring 
information  extrajudicially  and  at  times  secretly, 
they  determine  the  decision  themselves.  Neverthe- 
less they  use  the  name  and  authority  of  the  Congre- 
gation in  issuing  the  resolution  and  in  sending  it  to 
the  bishops  whom  it  concerns  or  to  the  general  pro- 
curators of  religious  orders,  residing  in  Rome,  if  it 
pertains  to  regulars. 

Again  there  are  other  matters  which  are  proposed 
to  the  cardinals  in  Congregation  and  are  decided  by 
them,  but  without  certain  formalities  which  are 
observed  in  the  treatment  of  contentious  causes  or  of 
those  of  great  importance.  When  matters  are  set- 
tled by  such  procedure,  they  are  first  proposed  in  the 
Congregation  by  the  secretary,  who  explains  in  a 
compendious  way  the  petitions  of  the  parties  and  the 
documents  which  bear  on  them.  After  deliberation 
or  discussion  each  cardinal  gives  his  opinion,  and 
what  seems  best  to  the  majority  is  made  the  decision 
of  the  Congregation.  In  these  meetings  the  secre- 
tary has  no  vote.  They  are  now  held  in  the  palace 
of  the  apostolic  chancery  once  a  month  on  Friday, 
but  during  Lent  once  a  week,  also  on  Friday. 

206.  If  the  cardinals  determine  that  the  matter  in 
hand  needs  more  accurate  treatment  they  order  the 
regular  method  to  be  followed,  and  assign  a  cardi- 
nal-relator  to  present  the  case.  Then  the  following 
rules  enacted  b}r  the  Congregation  must  be  strictly 
followed  : 

1°.  Whenever  in  business  brought  before  the  Con- 
gregation, either  by  reports  of  ordinaries  or  by 
appeals  of  parties,  it  seems  expedient  that  the  matter 


CONTENTIOUS   CAUSES.  203 

should  follow  the  course  of  law,  a  reply  is  made  : 
"Let  the  parties  present  their  case  before  the  Most 

Eminent who  will  examine  and  report  it,  after 

the  opposing-  party  has  been  cited  and  the  form  of 
the  dubium  or  question  has  been  agreed  upon." 

2°.  All  the  acts  which  prepare  the  way  for  judge- 
ment are  prepared  before  the  cardinal-relator  or  his 
auditor,-  with  the  aid  of  a  notary  of  the  Sacred  Con- 
gregations. 

3°.  Wherefore  the  interested  party  in  the  presence 
of  the  same  auditor  summons  the  opposing*  party  into 
court  to  agree  upon  the  form  of  doubt  or  question 
under  which  the  matter  in  dispute  is  to  be  presented 
to  the  Congregation;  otherwise  it  is  taken  for 
granted  that  the  form  which  is  submitted  with  the 
notice  is  acceptable. 

4°.  The  Most  Eminent  relator  or  his  auditor  by  con- 
sent of  the  parties  arrang-es  the  wording-  of  the  doubt 
either  as  proposed  or  as  amended;  but  if  they  cannot 
agree  he  orders  them  to  use  their  rig-ht  before  the  Con- 
gregation by  means  of  a  memorial  on  the  matter. 

5°.  If  the  cited  party  fails  to  appear  within  the 
specified  time,  he  is  cited  a  second  time  to  arraug-e 
the  dubium  or  doubt  and  to  specify  the  date  for  the 
meeting-  of  the  Congreg-ation  on  the  matter. 

6°.  If  the  party  continues  in  contumacy,  the  Most 
Eminent  relator  or  his  auditor  prepares  the  dubium 
and  assig-ns  the  meeting-  wherein  the  cause  shall  be 
proposed,  allowing-  however  a  period  of  thirty  days 
to  intervene;  a  decree  on  the  matter  is  sent  to  the 
adverse  party  by  a  messeng-er. 

7°.  A  copy  of  the  claims,  rig-hts  or  laws  which 
each    party    uses  is  deposited    with    the    secretary 


204  THE   ROMAN  COURT. 

fifteen  days  before  the  day  of  proposing-  the  cause, 
and  information  to  this  effect  is  mutually  given. 

8°.  The  allegations  of  both  parties  are  brought  to 
the  cardinals,  to  the  secretary  and  to  the  secretariate 
of  the  Congregation  ten  days  before  the  meeting. 

9°.  On  the  same  day  in  the  house  of  the  auditor  of 
the  Most  Eminent  relator  a  mutual  interchange  of 
the  allegations  and  summaries  is  made  by  the'parties. 

10°.  The  replies  are  made  and  distributed  as  in 
the  preceding  number,  three  days  before  the  pro- 
posing of  the  cause. 

11°.  The  Most  Eminent  relator  puts  into  writing 
the  resolution  of  the  Sacred  Congregation,  signs  it 
with  his  name  and  gives  it  to  the  secretary  to  be 
communicated  to  the  parties. 

12°.  If  within  ten  days  the  defeated  party  asks  to 
be  heard  again,  the  Most  Eminent  relator  can  grant 
the  benefit  of  a  new  hearing. 

13°.  Whenever  by  unanimous  vote  the  matter  is 
decided  with  the  clause  et  amfilins,  or  with  one 
dissenting  vote  and  the  clause  et  non  concedatur, 
then  permission  to  return  is  not  given  except  by  the 
full  Congregation. 

14°.  The  ca.use  is  proposed  the  second  time  in  the 
same  manner  and  intervals  as  at  first. 

15°.  The  cause  being  decided,  an  authentic  copy  of 
the  resolution  is  given  to  the  winning  party. 

16°.  The  victor  presents  himself  before  the  audi- 
tor of  the  Camera;  who,  merely  as  the  executor, 
decrees  the  enforcement  of  the  resolution  of  the 
Sacred  Congregation. 

207.  In  criminal  causes  when  an  appeal  is  taken  to 
the  Congregation  of  Bishops  and  Regulars  the  fol- 


CRIMINAL   CAUSES.  205 

lowing-  is  the  method  of  proceeding*  as  ordered  by 
the  Congregation  December  16,  1834,  with  the 
approval  of  Pope  Gregory  XVI: 

1°.  Those  convicted  in  criminal  cases  by  episcopal 
courts  are  g-iven  ten  days  within  which  to  appeal  to 
the  Sacred  Congregation  of  Bishops  and  Regulars. 

2°.  The  ten  days  will  be  counted,  not  from  the 
day  on  which  sentence  was  given,  but  from  the  day 
on  which  it  was  announced  by  messenger  to  the 
defendant  or  his  advocate. 

3°.  That  time  having  elapsed  without  the  defend- 
ant or  his  advocate  appealing,  the  bishop  will  execute 
the  sentence  passed  by  him. 

4°.  An  appeal  being-  interposed  within  the  ten 
days,  the  episcopal  court  will  at  once  send  to  the 
Sacred  Congregation  the  written  acts  of  the  whole 
case,  namely:  first  the  process  itself  prepared  in 
court;  secondly,  a  brief  of  it  or  a  compendious  state- 
ment of  all  that  came  from  the  process;  thirdly,  the 
defense  offered  by  the  defendant;  fourthly,  the  sen- 
tence passed. 

5°.  The  episcopal  court  itself  will  announce  to  the 
defendant  or  his  advocate  that  the  appeal  is  to  be 
prosecuted  before  this  same  Congregation. 

6°.  If  no  one  appears,  or  if  the  acts  of  the  appeal 
are  neg-lig-ently  or  maliciously  protracted,  a  congru- 
ous time  will  be  assig-ned  to  the  Sacred  Congrega- 
tion, which  being-  passed  without  use,  the  cause  will 
be  considered  deserted  and  the  sentence  of  the  epis- 
copal court  will  be  ordered  executed. 

7°.  The  brief  of  the  process  which  is  made  by  the 
judge-relator  of  the  Congregation,  must  be  g*iven  to 
the  defendant   or    to  him  who  has   undertaken   his 


206  THE   ROMAN   COURT. 

defense.  (This  judge-relator,  as  was  said  above,  is 
not  a  cardinal  nor  even  a  cleric.) 

8°.  The  allegations  or  defense  which  are  to  be  dis- 
tributed to  the  Most  Eminent  Fathers  shall  not  be 
printed  unless  the  judge-relator  shall  have  given 
permission  to  print. 

9°.  The  cause  shall  be  decided  on  the  appointed  day 
by  the  Most  Eminent  Fathers  in  general  assembly* 

10°.  The  fiscal  procurator  general  and  the  judge- 
relator  shall  be  present  at  this  meeting. 

11°.  The  judge-relator  shall  report  to  the  Most 
Eminent  Fathers  on  the  whole  state  of  the  cause; 
and  the  fiscal  procurator  general  shall  stand  for  the 
episcopal  court  and  explain  his  conclusions. 

12°.  After  this  the  Most  Eminent  Fathers  will 
give  judgment,  either  confirming,  reversing  or  re- 
forming the  sentence  of  the  episcopal  court. 

13°.  The  sentence  being  pronounced,  it  shall  be 
sent  together  with  all  the  acts  of  the  cause  to  the 
episcopal  court,  that  it  may  be  executed. 

14°.  A  revision  or  rehearing  of  the  matter  adjudi- 
cated shall  not  be  granted,  unless  power  to  grant  it 
shall  have  been  given  by  His  Holiness  and  unless 
there  are  very  weighty  reasons,  the  consideration  and 
judgment  of  which  pertain  to  the  full  Congregation. 

208.  Besides  the  Congregation  of  Bishops  and 
Regulars,  another  Congregation  was  instituted  to 
assist  it,  on  August  4,  1698,  by  Pope  Innocent  XII. 
under  the  title  of  the  CONGREGATION  FOR  THE  DIS- 
CIPLINE AND  REFORMATION  OF  REGULARS.  This 
Congregation  formerly  had  its  own  prefect  but 
to-day  by  order  of  Pope  Pius  IX.  under  date  of 
March  12,  1856,  is  under  the  cardinal-prefect  of  the 


discipline:  of  regulars.  207 

Congregation  of  Bishops  and  Regulars.  Likewise 
it  no  longer  has  it  own  secretary,  but  the  secretary 
for  Bishops  and  Regulars  performs  the  duties  of 
this  office.  However,  it  has  an  official  who  is  called 
the  substitute.  The  work  of  this  Congregation 
consists  chiefly  in  designating-  in  Italy  and  the  adja- 
cent islands  monasteries  or  convents  of  men  where 
novices  and  the  professed  of  religious  orders  are  to 
dwell,  and  also  in  granting*  permission  for  novices  to 
receive  the  habit  and  make  their  religious  profes- 
sion. Further,  this  Congreg-ation  looks  to  the 
observance  of  perfect  community  life  and  can  dis^ 
pense  from  rules  in  regard  to  the  internal  discipline 
of  a  religious  house.  However,  most  of  its  work  is 
now  done  through  the  Congregation  of  Bishops  and 
Regulars.  It  is  known  to-day  by  the  name  of  the 
Congreg-ation  for  Reg-ular  Discipline. 

209.  Finally  Pope  Pius  IX.  in  order  to  provide  for 
the  changed  conditions  of  the  present  time  in  regard 
to  regulars,  on  June  17,  1847,  instituted  a  particular 
Congregation  whose  title  is  the  congregation  on 
THE  STATE  OF  REGULARS.  This  Congregation 
had  the  duty  of  preparing  rules  for  the  reception 
and  instruction  of  novices,  and  for  admitting  them 
first  to  simple  and  afterwards  to  solemn  vows.  It 
also  made  regulations  for  restoring-  community  life 
among  regulars  to  the  actually  existing*  circum- 
stances. When  not  long-  ago  a  vacancy  occurred  in 
the  office  of  prefect  of  this  Congregation  on  the  State 
of  Regulars,  it  was  not  filled,  but  Pope  Leo  XIII. 
reserved  the  position  for  himself.  The  secretary  of 
the  Congregation  is  the  same  who  is  secretary  to 
that  of  Bishops  and  Reg-ulars, 


CHAPTER  XI. 

THE}     CONGREGATION     FOR     THE     PROPAGATION 
OF   FAITH. 

210.  For  Eng'lish-speaking  countries  the  Congre- 
gation of  the  Propaganda  is  of  all  the  most  interest- 
ing-, because  to  it  the  dioceses  of  these  countries  at 
the  present  time  are  subject.  While  the  necessities 
of  other  dioceses  making-  recourse  to  the  Holy  See, 
are  tended  to  by  the  various  Congregations  set  over 
questions  of  faith,  of  worship  or  of  discipline,  all  the 
business  which  the  faithful  of  missionary  countries, 
clerg-y  and  laity,  may  have  with  the  Holy  See,  is  done 
and  must  be  done  throug-h  the  one  Congreg-ation  of 
the  Propag-anda. 

The  Congreg-ation  for  the  Propagation  of  Faitn, 
as  its  name  implies,  was  instituted  for  the  purpose 
of  propag-ating-  the  Catholic  faith  in  those  regions 
where  infidelity  and  heresy  prevail.  Pope  Greg- 
ory XV.  established  it,  June  22,  1622,  by  his  consti- 
tution Inscmtabili  and  gave  it  most  ample  powers. 
He  says:  "We  have  thought  it  well  to  commit  this 
work  to  the  peculiar  solicitude  of  several  of  our  ven- 
erable brethren,  cardinals  of  the  Holy  Roman 
Church,  as  by  the  tenor  of  these  presents  we  do 
commit  and  assign.  We  wish  that,  with  the  help  of 
some  prelates  of  the  Roman  Church  and  other  relig- 
ious men  and  a  secretary,  they  consult  about,  take 

208 


ORIGIN   OF   PROPAGANDA.  209 

cognizance  of  and  treat  all  and  every  kind  of  busi- 
ness which  pertains  to  the  propagation  of  the  faith 
in  the  whole  world.  We  wish  further,  that  they 
refer  to  us  the  more  important  matters  which  they 
treat,  but  other  matters  they  shall  decide  and  expe- 
dite according-  to  their  own  prudence.  They  shall 
superintend  all  missions  for  the  preaching  and  teach- 
ing of  the  Gospel  and  Catholic  doctrine,  and  shall 
appoint  and  change  the  necessary  ministers.  For  by 
our  apostolic  authority  over  these  matters,  by  these 
presents  we  concede  and  impart  to  them  the  full, 
free  and  ample  faculty,  authority  and  power  to 
work,  carry  on,  treat,  do  and  execute  both  the  fore- 
going and  also  all  and  everything  else  which  is  nec- 
essary or  opportune  for  the  purpose,  even  if  it  is 
such  that  it  requires  a  special,  specific  and  express 
mention. " 

211.  The  jurisdiction  of  the  Propaganda  extends 
to  all  countries  in  which  Catholic  affairs  are  man- 
aged more  missionum,  after  the  manner  of  missions; 
or  in  other  words,  it  covers  fully  two-thirds  of  the 
world.  For  church  purposes  the  world  is  divided 
into  those  countries  which  have  the  ordinary  hier- 
archy and  those  which  have  missions.  The  former 
are  those  which  have  episcopal  sees  and  dioceses 
canonically  erected  and  whose  bishops  have  ordinary 
jurisdiction,  so  that  each  bishop  administers  his  dio- 
cese not  as  a  vicar  or  delegate  of  the  Sovereign  Pon- 
tiff, but  as  an  ordinary  who  obtains  jurisdiction  by 
promotion  to  an  episcopal  see.  The  latter  or  mis- 
sionary countries  are  those  which  lack  such  episcopal 
sees  and  whose  ecclesiastical  affairs  are  administered 
by  delegates  and  vicars  of    the  Sovereign   Pontiff. 


210  the  roman  court. 

Such  vicars  apostolic  usually  receive  episcopal  conse- 
cration and  a  title  from  some  ancient  see,  which  be- 
cause of  infidelity  or  heresy  no  longer  exists  except  in 
name;  but  through  promotion  to  these  ancient  titles 
they  do  not  obtain  jurisdiction  anywhere.  Hence 
they  are  called  titular  bishops,  and  the  jurisdiction 
they  have  in  their  vicariates  flows  entirely  from  the 
special  delegation  of  the  Sovereign  Pontiff.  How- 
ever the  most  ample  jurisdiction,  far  above  the  ordi- 
nary, is  granted  them  by  way  of  delegation  for  the 
whole  tract  of  country  assigned  them  as  a  vicariate. 

212.  In  this  way,  then,  church  affairs  are  man- 
aged wherever  infidels  and  heretics  exceed  Catholics 
in  number  and  power,  and  the  faithful  of  such  coun- 
tries with  all  their  missionaries,  prefects  and  vicars 
apostolic  are  subject  to  the  Propaganda  as  their 
superior.  But  even  after  the  ecclesiastical  hierarchy 
has  been  established  or  restored  and  episcopal  sees 
canonically  erected,  the  Propaganda  frequently 
retains  the  government  of  these  countries.  Thus  in 
the  United  States,  England,  Ireland,  Scotland, 
Australia,  Canada,  Holland  and  other  countries, 
there  are  regularly  established  episcopal  sees  with 
their  titles  and  bishops,  but  nevertheless  all  these 
countries  are  still  subject  to  the  Propaganda. 

The  rule  is  that  whenever  the  hierarchy  is  estab- 
lished in  any  country,  the  apostolic  letters,  which 
erect  the  episcopal  sees,  decree  at  the  same  time 
whether  or  not  the  new  sees  shall  be  withdrawn 
from  the  jurisdiction  of  the  Congregation  of  the 
Propaganda.  If  they  are  not  specifically  withdrawn 
they  remain  still  subject.  This  is  considered  a  spec- 
ial   favor,   because  it  affords  them  an  easier,    more 


POWER   OF   PROPAGANDA.  211 

expeditious  and  less  expensive  method  of  doing-  their 
business  with  the  Holy  See.  Hence  besides  over 
missionary  countries,  the  Propaganda  exercises  its 
watchfulness  and  authority  also  over  others  which 
have  the  ordinary  hierarchy  of  the  Church  regularly 
established.  Over  all,  too,  it  has  the  same  ample 
jurisdiction  and  is  practically  the  mouth  of  the  Holy 
See. 

213.  The  power  of  the  Propaganda  extends  to  all 
matters  and  causes,  and  is  limited  only  by  the  one 
condition  that  it  cannot  enact  or  expedite  affairs  of 
greater  importance  without  the  assent  of  the  Sov- 
ereign Pontiff .  All  ecclesiastical  causes  no  matter 
what  their  kind,  which  pertain  to  missionary  reg-ions 
are  subject  to  the  jurisdiction  of  the  Congreg-ation 
of  the  Propag-anda. 

This  power  of  the  Propaganda  is  legislative,  judi- 
cial and  g-ubernative.  For  such  are  the  words  of 
the  constitution  by  which  it  was  established  that  it 
can  do  all  and  everything-  which  it  may  deem  expe- 
dient. Hence  not  only  can  it  judicially  decide  all 
causes  and  controversies  but  it  can  also  make  laws 
and  decrees,  and  can  rule  and  g-overn  missionaries, 
even  the  vicars  apostolic,  as  subjects.  The  one  lim- 
itation of  this  threefold  power  is  that  no  grave  mat- 
ter shall  be  settled  until  after  a  report  has  been 
made  of  it  to  the  Sovereig-n  Pontiff. 

From  this  it  is  evident  that  for  the  places  subject 
to  it,  the  Propag-anda  has  as  much  power  as  all  the 
other  Congregations  tog-ether  have  for  other  coun- 
tries. Indeed  it  has  even  greater  power,  for  it  treats 
the  business  of  deputing-  vicars  apostolic  in  mission- 
ary  countries  and  the  election   of  bishops    in  those 


212  THE   ROMAN   COURT. 

dioceses,  which  though  canonically  erected,  are  still 
subject  to  it.  The  Propaganda  is  therefore  the 
organ  through  which  the  Sovereign  Pontiff  appoints 
these  vicars  and  bishops;  and  likewise  the  organ 
through  which  they  are  removed.  An  instance  of 
removal  occurred  in  the  United  States  on  May  21, 
1895.  On  that  day  the  archbishop  of  St.  Louis,  by 
a  decree  of  the  general  Congregation  of  the  Propa- 
ganda, approved  by  Pope  Leo  XIII.,  was  removed 
from  the  archbishopric  of  St.  Louis  because  of  fail- 
ing mind,  and  assigned  to  the  see  of  Marcianopolis 
as  titular  archbishop. 

It  may  be  noted  that  whenever  a  matter  is  sent  to 
the  Propaganda  which  directly  concerns  faith,  this 
Congregation  sends  it  to  the  Congregation  of  the 
Holy  Office.  Likewise  if  a  matter  pertains  directly 
to  the  forum  of  conscience,  it  requests  a  proper  rem- 
edy or  solution  of  the  question  from  the  Sacred  Pen- 
itentiary. In  each  case,  however,  the  answer  is 
usually  returned  through  the  Propaganda. 

214.  The  decrees  of  the  general  Congregation  of 
the  Propaganda  have  the  force  and  value  of  apos- 
tolic constitutions,  whenever  they  are  issued  by  the 
prefect  and  subscribed  by  the  secretary;  for  such  is 
the  decree  of  Urban  VIII.  on  the  subject.  Moreover 
this  decree  was  confirmed  by  Pope  Innocent  X.  on 
July  30,  1625;  for,  it  being  reported  to  the  Holy  See 
that  in  the  Phillipine  islands  some  missionaries 
asserted  "that  the  decrees  of  the  Propaganda  made 
only  a  probable  opinion  and  were  a  pure  and  simple 
declaration,  and  therefore  the  contrary  of  the  decree 
could  also  be  defended,"  Pope  Innocent  X.  at  once 
declared  this  opinion  untenable  and  re-enacted  that 


OBLIGATION  OF   DECREES.  213 

by  virtue  of  the  constitution  of  Gregory  XV.  the 
decrees  which  are  issued  by  this  Congregation  with 
the  authority  of  the  Sovereign  Pontiff  have  the  force 
of  apostolic  constitutions. 

215.  Likewise  Pope  Pius  IX.  in  his  constitution, 
Probe,  of  May  9,  1853,  very  distinctly  meets  the 
objection,  which  is  sometimes  urged  to-day,  that 
what  is  done  by  the  Propaganda  is  not  always  the 
work  of  the  Holy  See.  He  says:  "There  is  noth- 
ing more  senseless  than  what  these  priests  are  re- 
ported to  have  scattered  abroad  to  ensnare  the  sim- 
plicity of  the  faithful,  namely,  that  there  are  many 
things  which  have  been  enacted,  not  by  the  Apos- 
tolic See  and  the  Roman  Pontiff,  but  which  have 
been  ordered  without  his  knowledge  by  the  Sacred 
Congregation  for  the  Propagation  of  the  Faith;  and 
that  there  are  some  things  which  need  not  be  minded 
because  the  placet  of  civil  authority  has  not  been 
given.  All  know  that  our  Sacred  Congregation  is 
nothing  unless  the  minister  of  the  Apostolic  See. 
Moreover  it  is  a  foul  and  impious  assertion  that  the 
rights  divinely  conferred  on  the  Apostolic  See  and 
the  helm  and  power  of  supreme  rule  in  the  Church 
which  was  given  by  Christ  the  Lord,  can  be  lessened, 
curtailed  or  prescribed  by  human  decisions  or  favor. " 
They  are  therefore  entirely  wrong  who  say  the 
decrees  of  the  Sacred  Congregation  of  the  Propa- 
ganda are  not  of  obligation;  for  all  its  decrees  are 
the  work  of  the  Holy  See  itself  and  have  the  force  of 
apostolic  constitutions.  In  disciplinary  matters  such 
decrees  are  the  supreme  law,  and  coming  from  proper 
ecclesiastical  authority  they  demand  obedience.  No 
appeal  from  the  Propaganda's  decision  is  possible  to 


214  THE   ROMAN   COURT. 

any  other  tribuual;  but  parties  who  feel  themselves 
aggrieved  may  beg"  a  rehearing*  from  the  Congrega- 
tion itself,  for  its  decrees  are  not  irreformable.  In 
the  meantime,  however,  the  decrees  are  of  abso- 
lute oblig-ation. 

216.  The  Roman  Pontiffs  decreed  that  all  busi- 
ness should  be  done  in  the  Congreg-ation  of  the  Prop- 
aganda without  any  charg-e  whatever,  and  in  order 
that  this  mig-ht  be  possible  they  assigned  such  rev- 
enues and  established  such  endowments  as  would 
enable  the  Congreg-ation  itself  to  pay  all  costs. 
From  this  it  is  apparent  that  the  dioceses  which 
remain  subject  to  the  Propag-anda  even  after  their 
canonical  establishment,  have  a  great  advantage  in 
this,  that  all  their  business  with  the  Holy  See  is 
done  without  charg-e.  The  other  dioceses,  however, 
belong-ing-  to  the  ordinary  hierarchy  are  obliged  to 
pay  reg-ularly  constituted  fees  for  all  documents 
issued  and  costs  for  all  trials  held  before  most  of  the 
other  Congreg-ations. 

217.  The  principal  work  of  the  Propag-anda  is  the 
spreading-  of  the  Catholic  faith  throug-hout  the 
world,  and  particularly  in  missionary  countries. 
That  this  mig-ht  be  accomplished,  a  colleg-e  was 
established  by  Pope  Urban  VIII.,  called  the  Urban 
colleg-e  or  the  colleg-e  of  the  Propag-anda,  wherein 
young-  men  born  in  missionary  countries  are  received, 
instructed  in  letters,  languag-es  and  theology,  and 
then  sent  back  to  their  native  land  to  be  faithful 
missionaries  for  the  preservation  and  propagation  of 
the  faith.  This  colleg-e  is  in  the  palace  of  the  Prop- 
ag-anda, erected  on  the  Piazza  di  Spag-na,  by'Urban 
VIII.  for  the  use  of  the  secretary  and  other  officials 


PROPAGANDA  ESTABLISHMENT.  215 

of  the  Congregation  and  for  the  holding-  of  its  gen- 
eral meeting's.  In  the  same  building",  but  towards 
the  other  end,  there  is  also  an  immense  printing- 
establishment,  where  documents  needed  for  adminis- 
tering- the  affairs  of  the  Congregation  are  printed, 
and  where  summaries  of  various  causes  sent  to  the 
Propag-anda  for  final  judgment,  are  put  into  type 
for  the  use  of  the  cardinals  and  officials.  Books  on 
theology  and  philosophy,  and  pamphlets  on  kindred 
subjects  are  printed  in  various  languages  in  this 
polyglot  establishment  and  distributed  free  in  mis- 
sionary countries,  if  necessity  requires  it. 

The  beginning  of  this  college  and  printing  estab- 
lishment was  laid  by  John  Baptist  Villes,  a  Spaniard 
dwelling  in  Rome,  who  gave  all  his  wealth  and  a 
most  beautiful  house  to  Pope  Urban  VIII.  for  this 
purpose.  Many  generous  souls  even  to  the  present 
day  have  imitated  his  example  and  contributed  to 
the  great  work  of  spreading  the  Gospel  of  Christ. 
{Jus  Pontificium,  sub  Propaganda.) 

218.  Formerly  in  this  same  palace  of  the  Propa- 
ganda, apartments  were  provided  for  missionaries 
w7ho  returned  to  Rome  to  inform  the  Sovereign  Pon- 
tiff and  the  Congregation  in  regard  to  their  missions, 
and  to  suggest  means  for  further  propagating  the 
faith.  Poor  priests  and  bishops  from  other  places, 
also,  were  comfortably  lodged  and  fed  in  this  palace 
during  their  stay  in  Rome  on  business.  But  all  this 
has  been  completely  changed,  either  because  of  a 
diminution  of  the  revenues  of  the  Propaganda  or  for 
other  reasons.  Even  the  poorest  of  vicars  apostolic 
must  now  seek  other  quarters  and  provide  for  him- 
self as  best  he  can.     In  fact  Rome  and  the  Propa- 


216  THE   ROMAN   COURT. 

g-anda  have  been  so  overrun  with  visiting*  clergymen 
that  lately  an  order  was  issued  prohibiting-  them 
from  remaining-  long-er  than  two  months  in  the  city 
without  special  permission  of  their  ordinary. 

219.  The  Propaganda  has  sent  out  and  still  sends 
out  many  missionaries  to  preach  the  Gospel  and 
administer  the  sacraments,  and  for  this  purpose  it 
provides  them  all  with  most  ample  faculties.  Fur- 
ther than  this,  it  has  arrang-ed  an  extraordinary 
title  for  their  ordination,  called  the  title  of  the  mis- 
sion, by  which  it  takes  them  under  its  own  special 
protection.  Even  in  dioceses  canonically  erected, 
priests  ordained  titulo  missionis  still  remain  under 
this  special  protection  of  the  Propag-anda;  and  the 
Cong-reg-ation  always  insists  on  their  proper  mainte- 
nance by  the  diocese  to  which  they  belong-.  In  a 
strictly  legfal  sense  a  priest  ordained  by  this  title  is 
bound  directly  to  the  Propag-anda,  and  indirectly  to 
the  diocese  or  province  to  which  he  swears  to  devote 
his  services.  This  follows  also  from  the  instruction 
g-iven  by  the  Propag-anda  on  April  27,  1871,  in 
reg-ard  to  the  title  for  ordination.  This  instruction 
says  that  ordinaries  cannot  confer  any  orders  on 
clerics  with  the  title  of  mission  unless  they  have  a 
special  indult  from  the  Holy  See  to  this  effect; 
because  there  is  question  of  an  extraordinary  title 
which  is  beyond  the  common  law.  Such  an  indult  is 
granted  for  a  specified  time  or  for  a  certain  number 
of  ordinations. 

220.  The  same  instruction  says  that  ordinaries 
may  use  the  services  of  priests  ordained  by  other 
titles  than  that  of  mission,  and  that  such  priests 
cannot  be   forced  to  change   their  title  for  that  of 


TITLE   OF   THE   MISSION.  217 

mission.  On  the  contrary,  the  Sacred  Congregation 
explicitly  asks  of  ordinaries  that  other  legitimate 
titles  be  introduced  as  much  as  possible  instead  of 
the  title  of  mission.  From  this  it  follows  that  the 
Propaganda  with  the  consent  of  the  ordinary  will 
readily  grant  a  priest  who  has  been  ordained  titulo 
missionis  a  dispensation  from  his  oath  and  a  change 
of  title  into  that  of  patrimony.  This  change,  how- 
ever, can  be  granted  only  by  the  Propaganda;  and 
the  same  is  to  be  said  of  permission  to  join  a  relig- 
ious order. 

221.  The  oath  taken  by  the  priest  who  is  or- 
dained titulo  missionis  is  to  the  effect  that  he  will 
not  join  any  religious  order  or  community  without 
the  special  permission  of  the  Apostolic  See,  and  that 
he  will  perpetually  labor  in  the  ministry  for  the 
good  of  souls  under  the  entire  direction  and  jurisdic- 
tion of  the  ordinary  for  whose  diocese  he  is  ordained. 
This  oath  of  the  priest,  it  should  be  remarked,  does 
not  give  a  bishop  in  a  missionary  country  any  more 
extensive  power  than  a  bishop  has  elsewhere.  The 
general  principles  of  canon  law  must  be  observed  by 
both.  Hence  a  bishop,  at  least  in  the  United  States, 
cannot  transfer  a  priest  from  place  to  place  merely 
at  will  without  considering  his  merits  and  reputa- 
tion. This  is  clearly  settled  by  the  latest  decision 
of  the  Propaganda,  addressed  to  the  bishops  of  the 
United  States,  under  date  of  March  28,  1887,  enti- 
tled, "On  the  way  of  procedure  in  changing  a  mova- 
ble rector."  It  says:  "In  the  Third  Plenary 
Council  of  Baltimore,  tit.  X.,  chap.  3,  par.  1,  2,  as 
also  in  the  instruction  of  this  Sacred  Congregation 
which  begins   Cum  Magnoftere,  for  trials  of  clerics, 


218  THE   ROMAN   COURT. 

the  rules  and  regulations  were  prescribed  by  which 
clerics  are  to  be  tried.  It  was  not,  however,  denned 
and  decreed  in  what  cases  the  bishops  were  held  to 
follow  the  legal  process  when  there  was  question  of 
depriving  movable  rectors  of  missions  of  their  office, 
or  of  transferring  them  to  another  office.  Now, 
however,  the  Most  Eminent  Fathers  placed  over  the 
Sacred  Congregation  of  the  Propaganda,  meeting  in 
general  assembly  on  the  28th  of  March,  1887,  have 
decreed  thus  :  In  the  case  of  the  removal  or  of  a 
total  deprivation  of  the  office  of  rector  in  punish- 
ment of  crime  or  guilt  which  requires  disciplining, 
the  canonical  procedure  in  accord  with  the  aforesaid 
instruction  and  with  the  decrees  of  the  Third  Ple- 
nary Council  must  be  followed.  If  there  be  ques- 
tion of  the  transfer  of  a  rector  from  one  mission  to 
another,  or  even  to  an  inferior  office,  the  ordinaries 
are  not  bound  to  follow  the  canonical  procedure;  but 
it  is  necessary  that  there  should  be  serious  reason 
for  such  action,  and  full  account  taken  of  the  past 
merits,  as  laid  down  in  the  Third  Plenary  Council 
of  Baltimore,  tit.  2,  chap.  5,  parag.  32.  If  in  the 
case  of  such  transfer  a  complaint  is  made  to  the 
Sacred  Congregation,  the  Sacred  Congregation  will 
remit  it  to  the  Metropolitan,  or  where  there  is  ques- 
tion of  a  Metropolitan  to  the  neighboring  Metro- 
politan." 

222.  From  this  decree  it  appears  that  no  canonical 
procedure  is  necessary  for  changing-  a  movable  rector 
when  no  crime  is  charged.  The  conscientious  judg- 
ment of  the  bishop  of  the  necessity  of  such  transfer 
is  sufficient  for  his  guidance;  yet  he  is  obliged  to 
hold   himself  in   readiness,    on  presentation  of  com- 


REMOVAL  OP*   RECTORS.  219 

plaint  to  his  and  the  priest's  superior  to  give  the 
motives  which  may  have  induced  him  to  make  the 
transfer.  If  these  motives  are  not  clearly  sufficient 
a  reversal  of  the  bishop's  action  will  follow.  The 
presumption  is  against  transfers,  and  the  burden  of 
proof  of  the  wisdom  and  equity  of  the  transfer  rests 
upon  the  bishop  who  has  followed  an  exceptional 
course.  The  instruction  of  the  Propaganda  of  1879 
clearly  lays  down  the  law  and  establishes  the  pre- 
sumption in  favor  of  the  permanent  tenure  of  the 
priest  as  against  removal,  when  it  says:  ''Bishops 
must  be  carefid  not  to  transfer  priests  from  place  to 
place  against  their  will  except  for  serious  reasons." 
223.  Priests  who  have  been  removed  or  transferred 
are  bound  to  recognize  the  action  of  the  bishop,  no 
matter  how  unjust  it  may  appear.  They  must  give 
up  the  office  and  can  appeal  only  in  divohitivo,  as  it 
is  called.  After  a  regular  trial  this  is  true  even  of 
irremovable  rectors  in  the  United  States,  because  of 
the  special  enactment  of  the  Third  Council  of  Balti- 
more to  this  effect  with  the  consent  of  the  Holy  See. 
Ordinarily  an  appeal  from  the  sentence  of  a  court 
ordering  removal  from  an  office  or  benefice,  will  stay 
the  execution  until  the  higher  court  has  passed  judg- 
ment. This  in  fact  is  a  fundamental  principle  of 
canon  law,  but  decree  286  of  the  Third  Council  of 
Baltimore  reverses  this  principle  for  the  United 
States,  though  not  for  other  countries.  It  reads  as 
follows:  "As  in  many  of  our  provinces  the  rectors 
of  our  churches  are  by  law  appointed  as  ex  officio 
trustees  of  the  churches,  caution  is  to  be  used  lest 
when  it  is  found  necessary  to  deprive  a  rector  of  his 
office,  he  should  by  appeal  from  the  sentence  stop  its 


220  THE   ROMAN   COURT. 

execution,  and  thereby  keep  before  the  civil  author- 
ity his  position  of  trustee.  We  decree,  with  the 
consent  of  the  Holy  See,  that  no  rector,  even  an 
irremovable  one,  who  has  been  juridically  removed, 
or  deposed  from  or  deprived  of  his  office,  shall  be 
able  to  appeal  against  the  ordinary's  sentence  in 
suspensive*  (to  suspend  its  execution)  but  only  in 
divolutivo,  (the  appeal  taking-  effect  only  after  sen- 
tence in  the  higher  court),  so  that  he  shall  cease  to 
be  a  trustee  of  the  church,  either  forever  or  until 
such  time  as  the  appellate  judge  giving  a  final 
decision  shall  reinstate  him.  Therefore  until  the 
matter  is  finally  settled,  another  rector  or  adminis- 
trator with  proper  powers  shall  be  appointed  and 
the  bishop  shall  meanwhile  provide  for  the  proper 
maintenance  of  the  removed  rector  and  the  adminis- 
trator." 

•  Equity  and  prudence  might  suggest  that  the  law 
itself,  which  so  reverses  an  established  principle  of 
canon  law,  should  also  specifically  provide  for  the 
support  of  the  appealing  rector.  Leaving  the 
allowance  for  his  support  to  the  judge  who  con- 
demned him  gives  an  opening  for  injustice  and  com- 
plaints, particularly  when  ecclesiastical  courts  are 
not  fully  organized  and  their  procedure  depends 
entirely  on  the  will  of  the  bishop  of  the  diocese. 

224.  The  Congregation  of  the  Propaganda  at  the 
present  time  is  composed  of  twenty-seven  cardinals, 
one  of  whom  is  appointed  by  the  Pope  general  pre- 
fect and  another  prefect  of  economy.  Sixteen  of 
these  cardinals  reside  in  curia;  the  others  are  bishops 
of  residential  sees  in  various  countries.  There  are 
also  two  secretaries,   one  for  the  Latin  or  general 


OFFICIALS   OF    PROPAGANDA.  221 

Congregation  and  the  other  for  the  Congregation  on 
Oriental  Affairs.  Both  of  these  secretaries  are  titu- 
lar archbishops,  because  of  the  great  importance  of 
the  office,  and  because  they  have  to  correspond  fre- 
quently with  bishops  and  archbishops.  For  the 
g-eneral  Propaganda  there  are  a  large  number  of 
consultors,  usually  twenty-four,  chosen  from  both 
the  secular  and  the  regular  clergy.  The  assessor  of 
the  Holy  Office  is  ex  officio  a  member  of  the  Propa- 
ganda. Five  minutanti  superintend  as  many  depart- 
ments and  direct  subsecretaries  or  scrittori  how  to 
arrange,  digest  and  prepare  the  causes  or  business 
of  the  different  countries  for  submission  to  the  gen- 
eral assembly  of  the  Proj>ag"anda.  They  also  attend 
to  the  correspondence  of  the  Congregation,  which, 
however,  is  always  sig-ned  by  the  cardinal-prefect  and 
the  secretary.  An  archivist  attends  to  the  proper 
record  and  custody  of  documents.  The  minutanti 
receive  a  salary  of  forty  dollars  a  month,  but  the 
head  minutante  receives  forty-five  dollars.  Some  of 
the  consultors  are  paid  eigfhty  dollars  a  year,  but 
they  hold  other  positions  or  are  members  of  religious 
orders. 

A  commission,  consisting-  of  an  archbishop  as  pres- 
ident and  a  prelate  as  secretary,  together  with 
twelve  consultors,  is  attached  to  the  Propaganda 
and  subject  to  it,  whose  work  is  to  receive  and 
examine  the  reports  of  bishops  and  vicars  apostolic, 
under  the  Propaganda,  concerning-  their  churches. 
Another  commission  of  the  Propaganda,  with  a  car- 
dinal president,  a  vice-president,  a  secretary  and 
four  consultors,  examines  the  constitutions  and  rules 
of  new  religious  institutes  which  are  subject  to  this 


222  THE   ROMAN   COURT. 

Congregation.  Further,  the  cardinal-prefect  of 
economy  is  assisted  by  eight  signori  who  have  charge 
of  various  departments  and  make  up  "the  adminis- 
tration." 

When  Gregory  XV.  instituted  the  Propaganda,  it 
was  composed  of  thirteen  cardinals,  two  priests,  one 
monk  and  a  secretary.  Cardinal  deLuca  says  that 
in  his  time  it  was  made  up  of  a  competent  but  vary- 
ing number  of  cardinals  and  of  other  prelates,  to- 
gether with  officials  of  a  lower  order.  One  of  the 
prelates  was  secretary,  and  the  assessor  of  the  Holy 
Office  and  one  protonotary  apostolic  were  also 
officials  of  this  Congregation. 

The  cardinal-prefect  general  of  the  Propaganda 
holds  a  most  important  position,  for  he  is  practically 
in  charge  of  the  church  affairs  of  two-thirds  of  the 
world.  Hence  he  is  familiarly  called  the  red  Pope; 
red  because  he  is  a  cardinal,  and  Pope  because  of 
his  power  and  influence. 

The  cardinal-prefect  of  economy  has  supervision 
over  the  business  affairs  of  the  Propaganda,  and 
looks  after  its  endowment  funds  and  revenues. 

225.  There  are  at  the  present  time  two  divisions  of 
the  Propaganda,  one  for  general  or  Latin  affairs,  and 
the  other  for  affairs  of  the  oriental  rite.  Even  as 
early  as  the  time  of  Urban  VIII.  and  Clement  IX. 
special  commissions  or  committees  were  formed  of 
some  cardinals  of  the  Propaganda,  "On  Questions  of 
the  Orientals"  and  "On  Correcting  Oriental  Books." 
But  as  the  eastern  nations  acquired  freer  communi- 
cation with  the  Holy  See,  and  as  the  countries  of 
North  America,  particularly  in  our  century,  made 
wonderful  progress  in  Catholic  faith,   questions   of 


ORIENTAL   AFFAIRS.  223 

all  kinds  were  poured  upon  the  Propaganda  in  such 
numbers  that  it  was  deemed  best  to  divide  the  work. 
For  this  purpose  on  January  6,  1862,  Pope  Pius  IX. 
issued  a  constitution  establishing-  a  new  and  special 
Congregation  for  the  treatment  and  direction  of  all 
the  affairs  of  the  oriental  churches  or  rites. 

These  points  may  be  noted  in  the  constitution 
of  Pius  IX.  1°.  All  the  affairs  which  heretofore 
pertained  to  the  Congregation  for  the  Propagation 
of  the  Faith,  shall  be  divided  for  the  future  into  two 
classes,  namely,  into  affairs  of  the  Latin  rite,  and 
into  affairs  of  the  oriental  rite;  in  such  a  way  that 
the  new  Congregation  shall  treat  all  the  affairs  of 
the  orientals,  even  mixed  ones  which  either  because 
of  persons  or  things  are  connected  with  the  Latins, 
unless  this  newly-organized  Congregation  shall  at 
times  think  it  best  to  refer  these  things  to  the  gen- 
eral Congregation  of  the  Propaganda.  2°.  The 
new  Congregation  will  retain  the  title  of  Propa- 
ganda, but  will  add,  "for  the  affairs  of  the  oriental 
rite;"  and  it  will  use  the  same  seal  as  the  Propa- 
ganda. 3°.  The  new  Congregation,  over  which  the 
cardinal-prefect  of  the  Congregation  of  the  Propa- 
ganda will  preside,  will  be  composed  of  a  sufficient 
number  of  cardinals  of  the  same  Congregation  and 
wTill  have  its  own  consultors,  and  a  distinct  secretary 
and  secretariate  with  its  officials.  The  cardinals 
will  divide  among  themselves  the  business  proper  to 
each  oriental  nation,  so  that  each  cardinal  in  a  stable 
way  shall  have  in  charge  the  causes  of  one  or  more 
nations"  as  it  may  happen  in  the  division.  In  this 
way  each  nation  will  always  have  a  cardinal-relator 
who   will  be  able    to   give   the    Congregation   most 


224  THE    ROMAN    COURT. 

accurate  information  on  all  affairs  which  belong-  to  it. 

226.  Both  these  divisions  of  the  Propaganda, 
however,  constitute  but  one  general  Congregation. 
And  although  each  division  has  its  own  secretary,  and 
its  own  office  and  officials,  still  both  have  the  same 
prefect,  and  all  the  cardinals  of  both  divisions  unite 
in  the  general  assembly  of  the  Propaganda. 
Further,  in  order  to  secure  uniformity  of  action  and 
concord  in  the  work  of  propagating  the  faith,  the 
offices  of  both  divisions  are  adjacent  to  each  other  in 
the  palace  of  the  Propaganda,  and  the  secretaries  of 
both  Congregations  or  divisions  meet  in  the  particu- 
lar assemblies  held  before  the  cardinal-prefect,  and 
each  gives  his  opinion  of  all  affairs,  even  those  of  the 
other  division  of  which  he  has  no  charge. 

At  the  present  time  twelve  cardinals  are  in  charge 
of  the  eastern  affairs.  They  are  assisted  by  sixteen 
consultors,  four  minutanti  and  seven  interpreters. 

227.  There  are  two  kinds  of  meetings  of  the  Con- 
gregation of  the  Propaganda;  the  ordinary  or  par- 
ticular and' the  general.  The  ordinary  meeting's  are 
held  usually  every  week  at  the  rooms  of  the  cardi- 
nal-prefect general,  and  at  them  are  present  only 
the  secretaries  of  each  division  and  a  few  minutanti 
and  officials.  In  these  ordinary  meetings  the  busi- 
ness which  has  come  in  by  letters  and  reports  of 
missionaries  or  others,  is  brought  up  and  the  causes 
and  business  which  must  be  referred  to  the  general 
assembly  of  the  Propaganda  and  to  the  Holy  Father 
are  placed  aside.  The  other  matters  of  lesser 
moment  are  decided  and  expedited  by  the  car- 
dinal-prefect and  the  secretary  of  the  division  to 
w^hich  the  matter  belongs.     In  these  meetings  also 


TRIALS   BEFORE   PROPAGANDA.  225 

some  matters  are  brought  up,  on  which  it  is  advisable 
to*  obtain  the  votum  or  opinion  of  the  consultors, 
who  are  selected  either  by  the  cardinal-prefect  or  the 
secretary.  Ordinarily  a  cause  is  referred  only  to 
one  consul  tor;  but  some  are  so  intricate  that  several 
opinions  are  desirable  before  the  matter  is  referred 
to  the  general  assembly  of  the  Propaganda  for 
decision. 

228.  The  general  assembly  or  Congregation  of  the 
Propaganda  is  held  usually  once  a  month  on  Mon- 
day, or  whenever  called,  in  the  palace  of  the  Propa- 
ganda, and  at  it  are  present  all  the  cardinals  of  the 
Propaganda  and  the  secretaries  of  both  divisions. 
This  meeting  is  not  secret,  but  open  to  those-  who 
may  wish  to  attend,  if  they  are  properly  introduced. 

Most  of  the  business  of  the  Propaganda,  from  the 
nature  of  the  Congregation,  is  done  economically  and 
extra-judicially.  But  because  many  questions  must 
arise  between  missionaries,  especially  of  different 
religious  orders,  which  require  thorough  examina- 
tion, the  Propaganda  necessarily  hears  and  decides 
also  contentious  causes.  This  necessity  is  all  the 
greater,  now  that  the  ordinary  hierarchy  is  estab- 
lished in  many  countries  still  subject  to  the  Propa- 
ganda. Contentious  causes  from  such  dioceses  are 
treated  in  accordance  with  the  general  rules  of 
canon  law,  as  well  as  under  the  enactments  which 
are  peculiar  to  those  countries. 

229.  All  such  questions,  then,  the  Congregation 
decides  by  using  the  summary  form  of  trial.  And 
indeed  up  to  our  time  the  parties  to  a  controversy 
could  employ  advocates  in  judicial  causes,  either 
criminal  or  civil,  and  could  offer  the  cardinals  of  the 


226  THE}   ROMAN   COURT. 

Congregation  allegations  and  arguments  prepared 
by  them.  But  to-day,  on  account  of  abuses,  most 
likely  because  business  of  great  importance  which 
should  have  been  kept  secret  was  divulged,  it  was 
ordered  that  advocates  should  no  longer  be  admitted 
for  defending  causes.  This,  however,  does  not  pre- 
vent parties  to  a  controversy  from  preparing  their 
side  of  the  case  in  writing  and  being  guided  by  a 
canonist  in  arranging  their  argument.  The  defense 
and  argument,  however,  must  be  presented  in  the 
name  of  him  who  is  a  party  to  the  cause  and  not  in 
the  name  of  his  advocate  as  formerly.  All  such 
communications  are  to  be  offered  to  the  cardinal- 
prefect,  who  will  see  that  they  receive  proper  atten- 
tion. The  Latin,  Italian  or  French  language  must 
be  used,  not  the  English. 

230.  Matters  brought  before  the  general  Congre- 
gation of  the  Propaganda  are  either  reported  by  the 
secretary  at  the  time  of  meeting  or  are  printed  and 
distributed  to  the  cardinals  several  days  before  the 
meeting.  In  the  former  case  the  secretary  verbally 
gives  the  cardinals  gathered  in  Congregation  a 
compendious  exposition  of  the  statements  made  by 
both  parties  to  the  controversy,  as  well  as  all  docu- 
ments bearing  on  the  case.  All  these  papers,  wThen 
they  were  presented  to  the  cardinal-prefect  by  the 
parties  to  the  controversy,  were  carefully  examined 
by  the  officials,  and  the  points  which  made  for  each 
side  arranged  so  that  the  secretary  could  easily  com- 
bine them  in  his  report  to  the  meeting. 

When  the  secretary  concludes  his  report  the  car- 
dinals discuss  and  decide  the  matter.  A  majority 
vote  is  definitive  in  any  cause.     The  decision  is  then 


CAUSES  BEFORE  PROPAGANDA.       227 

referred  to  the  Holy  Father  and  the  decree  which  is 
issued  mentions  his  assent. 

231.  When  matters  of  a  complicated  or  serious 
nature  are  in  question,  the  cause  is  brought  before 
the  general  Congregation  in  folio  or  in  printed  form. 
Such  matters  are  usually  first  given  to  a  consultor 
who  will  thoroughly  examine  both  sides  of  the  case 
as  presented  by  the  written  petitions,  testimony  and 
arguments.  He  will  then  quote  the  laws  bearing  on 
the  case  and  sum  up  the  whole  matter  in  an  opinion 
or  votum.  This  opinion,  together  with  a  proper 
s}Tnopsis  of  the  whole  cause  and  the  dubia  on  which 
the  vote  is  to  be  taken,  is  printed,  and  copies  are  dis- 
tributed to  the  cardinals  several  days  before  the 
general  Congregation.  In  the  meantime  all 
the  cardinals  study  the  matter  for  themselves, 
and  betimes  also  others  give  them  outside  informa- 
tion. Hence  they  are  usually  prepared  to  give  suf- 
frage and  decide  the  matter  without  much  discussion 
in  the  assembly.  The  decree  issued  by  the  Congre- 
gation in  such  matters  is  always  referred  to  the  Sov- 
ereign Pontiff  together  with  a  report  of  the  cause. 
Usually  he  approves  at  once,  but  he  has  been  known 
to  order  some  decrees  to  be  modified  before  approv- 
ing them. 


CHAPTER  XII. 

CERTAIN  RULES  OP  THE  CONGREGATIONS. 

232.  Experience  has  proved  that  the  institution  of 
these  Congregations  in  the  Roman  Court  whereby 
the  Sovereign  Pontiff  can  so  conveniently  be  assisted 
by  the  cardinals,  is  a  most  wise  arrangement.  The 
Sacred  Congregations  constitute  so  many  tribunals 
of  the  Holy  See  and  proceed  in  the  name  and  author- 
ity of  the  Pope;  and  therefore  each  in  its  own  pro- 
vince is  a  supreme  tribunal  to  which  all  the  faithful 
are  bound  to  yield  obedience,  no  matter  what  their 
dignity  or  position  in  the  Church.  For  this  reason 
no  appeal  can  be  taken  from  one  tribunal  or  Congre- 
gation to  another;  but  if  the  parties  in  litigation 
desire  a  re-hearing  it  must  be  had  before  the  same 
tribunal,  the  proper  permission  being  first  obtained 
from  it. 

233.  Certain  criteria  may  be  laid  down  for  the 
better  understanding  of  the  workings  of  the  Congre- 
gations. In  the  first  place,  these  Congregations  are 
tribunals  of  the  Holy  See  in  the  external  and  visible 
guidance  of  the  universal  Church.  Hence  all  the 
business  transacted  in  these  Congregations  pertains 
to  the  external  forum  of  the  Church,  and  all  peti-. 
tions  and  recourse  must  be  made  with  the  name  of 
the  petitioner  expressed.     Affairs  which  belong  to 

228 


BISHOPS   ARE    CONSULTED.  229 

the  forum  of  conscience  are  referred  to  the  Sacred 
Penitentiary. 

The  second  criterion:  To  each  Congregation  a 
particular  kind  of  business  is  assigned,  as  is  appar- 
ent from  the  bull  of  institution  and  from  the  name 
itself  of  the  Congregation.  But  excepting-  the 
questions  which  are  characteristic  of  the  various 
Congregations,  as  questions  of  faith  for  the  Holy 
Office,  of  books  for  the  Index,  of  interpreting-  the 
disciplinary  decrees  o*f  Trent  for  the  Congreg-ation 
of  the  Council,  excepting-,  then,  such  questions,  in 
the  course  of  time  it  has  become  customary  for  one  or 
another  of  the  Congregations  indiscriminately  to 
treat  questions  of  lesser  moment.  In  fact  Innocent 
XII.  on  June  4,  1692,  in  his  constitution,  Ut  occura- 
tur,  decreed  that  memorials  rejected  by  one  Congre- 
g-ation should  not  be  received  by  another;  further,  if 
a  favorable  reply  is  obtained  from  this  second  Con- 
greg-ation it  is  declared  utterly  null  and  void.  Hence 
when  it  becomes  known  that  an  application  made  to 
one  Congregation  lias  previously  been  made  to 
another,  a  reply  is  made  saving*,  '•Recourse  must  be 
had  to  the  former  Congregation:*' 

234.  The  third  criterion:  Tu  the  Sacred  Congre* 
g'ations,  business  is  usually  not  done  without  first 
hearing-  the  ordinary  of  the  petitioner  or  the  superior 
g-eneral  or  provincial  of  the  order  whose  members  or 
rig-hts  may  be  affected  by  the  business.  For  this 
reason,  it  is  the  practice  of  the  Roman  Court  to  ask 
from  the  ordinary  or  relig-ious  superior  information 
and  a  votum  or  opinion  on  the  recourse  or  petition 
which  has  been  received. 

Moreover,  if  the  business  touches  some  third  per- 


230  THE:   ROMAN   COURT. 

son,  in  the  request  for  information  the  clause  is 
added,  ' 'having-  also  heard  those  who  are  inter- 
ested." 

When  a  decision  is  reached  a  rescript  is  sent  to  the 
respective  ordinary  or  religious  superior  for  execu- 
tion. The  executor  must  execute  the  rescript  him- 
self unless  it  contains  the  faculty  for  subdelegation. 
If  a  rescript  is  to  be  executed  against  an  ordinary  or 
relig-ious  superior  it  is  of  course  not  sent  to  him,  but 
to  his  superior  for  execution.  Thus  a  decision  given 
against  a  bishop  would  be  executed  by  the  metro- 
politan or  an  apostolic  deleg-ate. 

235.  The  fourth  criterion:  A  distinction  must  be 
made  between  extra-judicial  and  judicial  business. 
Extra-judicial  business  is  of  greater  or  lesser  moment. 
If  the  latter  and  it  injures  nobody,  then  such  affairs 
are  usually  expedited  by  the  cardinal-prefect  and  the 
secretary  with  one  or  more  of  the  chief  officials  of 
the  Congregation.  And  if  the  faculties  received  by 
the  prefect  and  secretary  cover  the  matter,  a  rescript 
is  issued  at  once,  otherwise  application  is  made  to 
His  Holiness.  But  the  graver  extra-judicial  matters, 
those  which  present  some  difficulty  of  law  or  fact 
requiring-  careful  weighing  of  circumstances,  are 
proposed  to  the  general  Congregation  of  cardinals 
and  their  opinion  is  asked. 

Affairs  of  a  judicial  kind  belong-  to  the  g-eneral 
Congreg-ation  and  are  decided  by  following  at  least 
the  summary  form  of  trial.  The  point  at  issue  is 
previously  determined  and  the  doubt  or  doubts  are 
proposed  in  a  certain  wording  for  solution.  The 
formulae  of  these  doubts,  if  parties  are  contesting, 
are  usually  arranged  by  themselves  or  their  advo- 


NO   REASONS   GIVEN.  231 

cates;  otherwise  they  are  determined  ex  officio  by 
the  secretary  or  his  assessor.  This  is  substantially 
the  litis  contestio.  Hence  also  in  judicial  questions 
a  defense  of  each  side  is  always  granted  and  consid- 
ered; though  this  must  be  offered  in  writing-,  not 
orally,  before  most  of  the  Congregations.  Indeed 
if  either  party  is  contumacious  or  negligent  in  offer- 
ing a  defense  for  his  side,  it  is  made  ex  officio,  and 
the  reasons  of  law  and  fact  in  his  favor  are  explained 
in  it  and  laid  before  the  cardinals  in  Congregation. 
Hence  their  decision  is  always  made  from  a  full 
knowledge  of  the  whole  case. 

236.  This  is  peculiar  to  the  Roman  Congregations: 
they  g*ive  sentence  purely  and  simply  by  replying" 
affirmatively  or  negatively  to  the  doubts  proposed, 
or  by  sometimes  adding*  ad  mentem,  which  means  a 
special  disposition  of  the  matter;  but  they  never 
assign  reasons  for  their  decisions. 

They  represent  the  supreme  judge  and  legislator 
in  the  Church,  who  need  not  explain  his  reasons  for 
action.  Prom  this  it  follows,  that  it  is  not  always 
sure  that  the  cardinals  are  induced  to  give  their 
decision  on  account  of  the  reasons  which  are  pre- 
sented in  folio  by  the  secretary,  or  on  account  of  the 
opinions  of  the  consultors  or  the  arguments  of  the 
parties  and  their  advocates.  For  the  cardinals 
themselves  while  studying  the  question  before  the 
meeting  may  be  influenced  by  other  motives  than 
those  offered,  in  deciding  the  matter. 

It  may  be  added  that  as  a  rule  trials  before  the 
Congregations,  except  the  Holy  Office  and  the  Index, 
are  public.  Sometimes,  however,  the  nature  of  the 
case  demands  secrecy  and  then  all  concerned  in  such  a 


232  THE   ROMAN   COURT. 

cause,  even  the  cardinal-judges,  are  bound  to  secrecy. 

237.  Certain  clauses  are  frequently  used  by  the 
Congregations  in  deciding  matters,  an  explanation 
of  which  may  be  useful.  A  decision  may  be  rendered 
with  the  clause,  et  amplius.  This  means  that  the 
matter  having  been  fully  examined  and  the  decision 
being  unanimous,  the  cause  will  not  be  heard  again. 
The  full  Congregation  only  can  grant  a  re-hearing 
when  this  clause  is  attached.  Et  non  concedatur, 
means  nearly  the  same,  that  is,  a  re-jiearing  will  not 
be  conceded. 

If  a  negative  reply  is  given  to  a  petition,  a  mild 
refusal  is  put  in  the  words  non  expedire,  it  is  not 
expedient.  A  more  forcible  refusal  is  nihil,  relatum, 
tectum. 

Nihil,  or  nothing,  means  that  the  petition  was  not 
admitted,  it  being  entirely  incongruous.  Relatum 
and  ledum,  mean  that  the  petition  was  read  but  not 
admitted.  Non  proposita,  means  that  the  Congre- 
gation prefers  not  to  reply.  Reponatur,  means  that 
a  reply  is  not  given,  but  the  petition  is  placed  in  the 
archives.  In  decisis  or  in  decretis,  means  that  this 
same  petition,  having  been  once  presented  and 
refused,  the  matter  has  been  decided  and  will  not  be 
re-opened.  Gaudeat  hnpetratis,  means,  let  the  peti- 
tioner be  satisfied  with  what  he  has  already  obtained. 
Spectare  ad  episcopum,  is  a  clause  which  means 
that  the  petitioner  should  apply  to  the  bishop 
who  will  follow  the  canonical  requirements  in  the 
case,  but  he  cannot  act  according  to  his  own  will. 
Facto  verbo  cum  sanctissimo,  means  that  the  Con- 
gregation not  having  full  authority  in  the  matter, 
referred  it  to  the  Sovereign  Pontiff. 


LONG   DELAYS.  233 

Ad  mentem,  is  often  added  to  a  decision  and  means 
either  that  the  Congregation  gives  or  explains  its 
decision  by  private  information  sent  to  a  person 
whose  authority  is  to  be  saved  from  a  public  rebuke, 
or  that  an  explanation  is  added  to  the  decision  itself 
in  case  a  sentence  which  should  be  given  according 
to  strict  law  is  modified  in  this  special  case  because 
of  certain  equities.  Delata,  means  that  the  matter 
is  deferred  to  another  meeting,  either  because  there 
is  no  time  to  hear  it,  or  because  further  information 
is  required.  Delata  ad  primam  or  primam  post 
proximam,  means  that  the  matter  has  been  deferred 
to  the  next  or  the  first  after  the  next  meeting. 
Post  aquas,  means  that  the  matter  has  been  deferred 
to  the  meeting  after  the  autumn  rains.  Post  agnos, 
post  reges,  post  cineres,  mean  respectively  after 
Easter,  after  Epiphany,  after  Ash  Wednesday. 

238.  Experience  teaches  that  the  Congregations, 
or  at  least  some  of  the  officials  connected  with  them, 
take  considerable  time  in  concluding  matters  referred 
to  them.  Some  give  one  reason  for  this  delay,  others 
another.  As  an  instance  of  such  delay,  it  may  be 
mentioned  that  some  consultors  take  over  a  year 
before  they  report  on  a  cause  referred  to  them.  In 
the  meantime  most  valuable  interests  are  confused 
and  not  unfrequently  jeopardized.  Are  the  consul- 
tors  responsible  ?  Must  they  do  so  much  other 
work  that  such  important  causes  are  but  secondary 
to  them  ? 

Again  it  is  very  noticeable  that  among  all  the 
employes  of  the  various  Congregations,  and  even  of 
the  Propaganda  itself,  which  deals  with  all  English- 
speaking  countries,  there  are  very  few,  scarcely  any, 


234  THE   ROMAN   COttRT. 

who  know  the  English  language, — a  language  which 
is  used  all  over  the  globe  and  by  more  people  than 
any  other  living-  tongue.  The  Latin,  Italian  and 
French  are  the  only  languages  allowed  before  the 
Congregations.  Why  not  allow  all  or  none  but  the 
Latin  exclusively  ?  Have  not  the  great  political 
changes  freed  the  Roman  Court  from  any  special 
obligations  in  this  respect  ? 

Having-  such  and  other  facts  in  mind,  many  of  the 
bishops  of  Prance  in  the  Vatican  Council  issued  this 
request  (Martin  collect,  edit.  2,  pag-e  156)  concerning 
those  who  are  to  be  chosen  for  the  Sacred  College 
of  Cardinals  and  the  Roman  Congregations  and  tri- 
bunals :  "In  the  Sacred  College  of  Cardinals  and 
in  the  Roman  Congregations  and  tribunals  would 
that  there  were  associated  with  most  learned  men, 
also  many  practical  men,  of  those,  namely,  who  are 
accustomed  and  long  have  had  a  hand  in  managing 
various  ecclesiastical  affairs;  such  are  bishops,  their 
vicars-general  and  officials,  parish  priests,  the  rec- 
tors of  religious  houses,  missionaries  in  infidel  coun- 
tries." Another  request  of  the  same  bishops  tended 
to  this,  that  the  cardinals  and  the  principal  officials 
of  the  Roman  Court  should  be  taken  from  all 
nations. 


CHAPTER  XIII. 

THE    TRIBUNALS    OF    JUSTICE;     THE   ROTA,     TREAS- 
URY  APOSTOLIC,    SIGNATURE   OE    JUSTICE. 

239.  Prom  early  times,  yes,  from  the  very  begin- 
ning of  the  Church,  the  Sovereign  Pontiff  was  sur- 
rounded by  a  large  number  of  clerics  who  were  to 
perform  certain  ecclesiastical  or  courtly  duties  and 
were  called  chaplains  of  the  sacred  palace.  These 
chaplains  were  consulted  by  the  Pontiff  in  causes  for 
which  it  did  not  seem  advisable  to  call  a  Consistory 
of  the  cardinals.  Frequently,  therefore,  they  were 
commanded  to  examine  and  report  to  him  on  partic- 
ular matters,  and  thus  became  known  as  the  coun- 
cilors and  referees  of  the  Pope.  Just  as  the  cardi- 
nals in  the  course  of  time  were  assigned  to  different 
Congregations  charged  with  the  conduct  of  certain 
affairs,  so  likewise  these  clerics  constituted  three 
tribunals  of  justice  in  the  Roman  Court.  These  are 
the  Roman  Rota,  the  Reverend  Apostolic  Treasury, 
the  Signature  of  Justice. 

240.  The  Roman  rota,  or  the  auditory  of  the 
sacred  palace,  is  known  to  be  of  very  ancient  origin, 
but  the  precise  time  of  its  establishment  cannot  be 
ascertained.  When  after  the  clays  of  Constantine 
peace  was  established  in  the  Church,  the  Roman 
Pontiffs  chose  learned  men  from  all  nations  of  the 
Christian  world  for  chaplains,  and  assigned  to  them 

235 


236  THE   ROMAN   COURT. 

for  examination  and  report  the  causes  and  contro- 
versies which  came  to  the  Roman  Court  from  every 
nation.  These  chaplains  or  auditors  were  deputed 
not  to  pronounce  judgment  but  only  to  hear  and 
report  causes.  From  their  reports  and  replies 
sprang"  the  decretals  which  Raymond  of  Pennafort, 
one  of  the  auditors  of  the  Rota,  by  order  of  Pope 
Gregory  IX.  compiled  into  the  corpus  of  canon  law. 

241.  Later,  however,  when  the  business  of  the 
Apostolic  See  increased  and  the  Sovereign  Pontiffs 
became  engrossed  with  more  important  affairs,  the 
faculty  of  not  only  hearing  but  also  deciding  cases 
was  conferred  upon  the  Rota;  and  under  Pope  John 
XXII.  and  his  successors  certain  rules  and  statutes 
were  laid  down  for  its  guidance  in  conducting  the 
business  committed  to  it  for  judgment. 

Thus  in  the  course  of  time  this  sacred  tribunal 
became  very  eminent,  and  not  only  did  the  Popes 
refer  to  it  the  more  important  causes  brought  before 
the  Holy  See,  but  even  emperors  and  kings  gladly 
transferred  to  it  controversies  which  in  any  way 
concerned  them.  Consequently  it  is  not  surprising 
that  the  tribunal  of  the  Rota  became  more  renowned 
than  all  other  tribunals  of  the  city  and  the  world, 
both  because  of  the  integrity  of  its  judges  and 
because  of  the  wisdom,  method  and  authority  of  its 
judgments. 

It  is  called  the  Rota  because  the  auditors,  seated 
in  a  circle,  by  turn  examine  controversies.  The 
decisions  of  the  Rota  have  very  great  weight  in 
determining  similar  causes,  and  are  eagerly  sought 
by  canonists;  they  are  not,  however,  of  obligation 
on  anyone  but  the  parties  to  the  cause  at  issue.     The 


AUDITORS   OF    THE   ROTA.  •    237 

Rota  must  follow  the  law  strictly  in  its  decisions; 
while  the  Roman  Congregations  may  sometimes 
modify  their  decisions  by  dispensing  from  the  law  to 
a  certain  extent,  because  they  are  participants  of  the 
Pope's  power. 

242.  The  judges  of  the  Rota  are  called  auditors, 
because  when  formerly  they  only  heard  cases,  this 
name  was  given  them,  and  now  when  they  also 
decide  controversies  the  primitive  designation  is 
retained.  Before  the  time  of  Pope  Sixtus  IV.  the 
tribunal  of  the  Rota  consisted  of  an  indeterminate 
number  of  auditors;  but  this  Pontiff  ordained  that 
for  the  future  there  should  be  twelve,  neither  more 
nor  less.  The  senior  auditor  of  the  twelve  presides 
over  the  tribunal  and  is  called  the  dean  of  the  Rota. 
At  present  there  are  only  five  auditors. 

243.  The  Rota  takes  cognizance  only  of  those 
causes  which  are  committed  to  it  by  the  Sovereign 
Pontiff.  Usually  these  are  not  criminal,  but  civil 
causes  which  have  been  referred  to  the  Holy  See. 
The  tribunal  as  a  body  has  jurisdiction  over  all 
causes  referred  to  it,  even  though  each  cause  is 
assigned  to  a  different  judge  by  special  commission. 
One  peculiarity  of  the  Rota  is  that  if  a  cause  is 
decided  by  it  in  the  first  or  second  instance,  an  appeal 
is  taken  to  the  same  court  in  the  third  instance. 
This  will  not  appear  so  strange  when  it  is  recollected 
that  causes  before  the  Rota  are  usually  not  judged 
by  all  the  auditors,  but  by  one  on  the  vote  of  four 
others.  Each  cause  brought  in  is  assigned  to  the 
auditor  whose  turn  it  is  to  receive  one.  He  is  called 
the  proponent  of  the  cause,  and  in  making  his  decis- 
ion and  passing  sentence  is  bound  to  follow  the  votes 


238  THE   ROMAN   COURT. 

of  the  four  auditors  who  sit  next  to  him  on  the  left. 
He  himself  has  no  vote,  although  he  renders  the 
decision.  When  therefore  a  cause  comes  up  again 
on  appeal,  it  rarely  happens  that  it  is  committed  to 
the  same  auditors.  Sometimes,  however,  the  com- 
mission reads  that  the  cause  must  be  judged  by  all 
the  auditors.  Then  there  can  be  no  appeal  to  any 
other  tribunal,  but  only  a  re-hearing  by  the  Rota,  if 
sufficient  new  evidence  is  produced  to  warrant  such 
an  order.  A  recourse  may  be  had  to  the  Pope  from 
a  decision  of  the  Rota,  because  the  Rota  does  not 
issue  pontifical  sentences. 

244.  The  Rota  at  one  time  had  very  extensive  juris- 
diction in  civil  causes,  especially  for  the  pontifical 
states,  and  was  used  as  a  supreme  court.  This  is 
one  reason  why  causes  from  the  universal  Church 
began  to  be  seldomer  referred  to  it.  Another  is  that 
with  the  increasing  number  of  Congregations  of 
Cardinals  and  their  better  acquaintance  with  law, 
the  cardinals  began  to  treat  many  causes  that  for- 
merly went  to  the  Rota.  With  the  loss  of  the  tem- 
poral power  came  the  withdrawal  of  all  civil  causes 
from  this  tribunal;  so  that  to-day  the  auditors  of  the 
Rota  are  assigned  to  other  work  than  the  hearing 
and  deciding  cases.  Most  of  them  are  appointed  to 
the  various  Congregations  of  Cardinals  as  consul- 
tors. 

Still  the  college  of  auditors  even  now  preserves  its 
existence  as  a  tribunal  for  the  special  assistance  of 
the  Sacred  Congregation  of  Rites.  The  auditors 
collectively  decide  by  a  deliberative  vote  the  worth 
of  a  process  for  the  beatification  or  canonization  of 
servants  of  God.     Also,  the  Rota  as  a  tribunal,  is 


WORK   OF   AUDITORS.  239 

authorized  to  decide  questions  of  precedence  which 
may  arise  between  ecclesiastical  persons,  and  which 
being-  referred  to  the  Congregation  of  Rites,  are  by 
the  cardinal-prefect  of  the  Congregation  sent  to  the 
Rota  to  be  examined  and  definitely  decided. 

245.  The  auditors  of  the  Rota  are  chosen  from 
various  nations  and  hold  their  office  for  life,  unless 
they  resign  or  are  deprived  of  it  because  of  crime. 
Three  of  the  auditors  are  selected  from  the  city  of 
Rome,  one  from  France,  one  from  Austria,  two  from 
Spain  and  the  others  from  different  parts  of  Italy. 
Whenever  a  vacancy  occurs  it  is  filled  from  the  city 
or  country  whence  the  retiring-  auditor  was  selected. 
There  are  so  many  formalities  necessary  for  the  recep- 
tion or  admission  of  an  auditor,  that  the  appointee  is 
apt  to  lose  all  patience.  Likewise  the  expenses  are 
so  great  that  few  covet  the  position  or  at  least  the 
admission  to  the  circle  or  Rota. 

246.  Each  auditor  is  obliged  under  pain  of  excom- 
munication to  be  incurred  ipso  facto  to  preserve 
secrecy  in  regard  to  all  votes  given  not  only  by  himself 
but  by  his  associates;  and  he  is  obliged  to  a  like 
secrecy  in  regard  to  all  matters  which  are  treated 
collectively  by  the  Rota.  This  is  the  decree  of 
Urban  VIII.  The  auditors  are  each  allowed  the 
help  of  a  canonist  who  is  called  the  auditor  of  study. 
He  thoroughly  examines  each  case  and  assists  the 
auditor  in  preparing  decisions.  Another  assistant  is 
also  allowed  each  auditor.  Both  of  these  assistants, 
however,  are  bound  to  the  same  secrecy  as  the 
auditor  himself,  and  before  beginning  work  must 
make  an  oath  before  the  auditor  to  preserve  secrecy 
in  regard  to  the  designated  matters. 


240  THE   ROMAN   COURT. 

247.  The  judges  of  the  Rota,  besides  being-  judges 
of  causes,  are  at  the  same  time  chaplains  and  sub- 
deacons  to  the  Sovereign  Pontiff,  and  as  such  have  a 
special  office  to  fulfil  in  sacred  functions.  The  office 
of  auditor  is  therefore  twofold,  ministerial  and  judi- 
cial. Whenever  the  Pope  solemnly  celebrates,  the 
auditors  by  turn  serve  him  as  sub-deacon;  two  of 
the  older  auditors  assist  the  Pope  to  vest  and  unvest, 
and  two  others  hold  up  the  edges  of  his  vestments. 
The  others,  in  cotla  and  rochet  remain  near,  ready 
to  perform  the  duties  assigned  by  the  master  of 
ceremonies  according  to  the  solemnity  of  the  occa- 
sion. When  the  Pope  does  not  celebrate  but  only 
assists  at  Mass,  then  the  dean  and  the  four  senior 
auditors  assist  as  above  at  the  vesting  and  unvest- 
ing.  The  last  auditor  brings  in  the  chalice.  The 
auditors  of  the  Rota  have  the  right  to  wear  a  purple 
cassock  and  a  hat  bound  with  the  same  color.  They 
may  also  use  the  cappa  and  mantelletta  in  various 
functions,  and  everywhere  and  in  presence  of  every- 
body are  allowed  to  wear  the  rochet. 

248.  Not  unfrequently  the  auditors  of  the  Rota 
are  chosen  bishops  or  archbishops  or  are  sent  as 
apostolic  nuncios  to  kings  and  emperors.  At  times 
an  auditor  who  has  been  made  bishop  desires  to 
retain  for  a  while  the  office  of  auditor,  and  in  the 
meantime  rule  his  diocese  by  a  vicar.  In  such  a  case 
he  is  not  called  an  auditor,  but  locumtenens.  The 
reason  is  that  as  bishop  he  is  the  brother  of  the 
Pope  and  cannot  therefore  be  his  chaplain.  For 
this  reason  he  ceases  to  be  an  auditor  strictly  speak- 
ing and  is  called  locumtenens  of  that  office. 

249.  The    reverend    apostolic    camera    or 


APOSTOLIC   TREASURY.  241 

TREASURY  is  another  tribunal  of  justice  in  the 
Roman  Court.  Just  as  the  Pontiff  was  accustomed 
to  commit  juridical  causes  to  his  clerics,  so  likewise 
did  he  commit  to  -them  the  different  cases  which 
occurred  in  the  administration  of  the  public  treasury, 
and  in  contentious  jurisdiction  regarding-  fiscal 
affairs.  But  for  a  long-  time  the  power  of  one 
official,  the  cardinal-chamberlain,  who  had  great 
authority  as  the  presiding*  officer  of  the  Apostolic 
Treasury,  interfered  with  the  establishment  of  a 
separate  tribunal  for  the  examination  and  determina- 
tion of  causes  arising-  out  of  financial  matters. 

250.  The  cardinal-chamberlain  was  very  promi- 
nent and  formerly  had  a  number  of  administrative 
officials  subject  to  him,  chief  among-  whom  was  the 
g-overnor  of  the  city  of  Rome,  also  called  the  vice- 
chamberlain.  The  treasurer  and  the  auditor  gen- 
eral of  the  Apostolic  Camera  were  likewise  under 
the  powTer  of  the  cardinal-chamberlain.  To  the  aud- 
itor g-eneral  of  the  treasury,  however,  much  of  the 
power  of  the  cardinal-camerleng-o  was  transferred, 
so  that  he  possessed  full  jurisdiction  in  criminal 
affairs,  the  rig-ht  to  execute  pontifical  briefs,  and 
authority  over  the  officials  of  the  curia.  The  power 
of  the  cardinal-camerleng-o  having*  gradually  been 
restrained,  not  only  did  these  three  administrative 
officers  become  independent  of  him,  but  the  whole 
treasury  department  acquired  a  tribunal  of  its  own. 

251.  When  first  established,  this  tribunal  consisted 
of  twelve  associates,  but  now  consists  of  nine.  Each 
one  of  these  is  the  head  or  chief  of  a  certain  depart- 
ment of  administration,  and  as  such  constitutes  a 
particular   tribunal  from    which  an  appeal  may  be 


242  THE   ROMAN   COURT. 

taken  immediately  to  the  general  tribunal  of  the 
treasury. 

As  regards  the  universal  Church  mention  should 
be  made  of  the  fact  that  fiscal  matters  may  be 
brought  before  the  auditor  of  the  Camera  or  Treas- 
ury in  the  second  instance  and  then  to  the  full  or 
general  tribunal  of  the  Camera  in  the  third  instance. 
The  auditor  of  the  Apostolic  Camera  is  even  at  this 
day  the  executor  of  apostolic  constitutions  and  decrees 
of  the  Sacred  Congregations. 

252.  The  signature  OE  justice  at  the  present 
time  is  a  college  of  clerics  which  is  presided  over  by 
a  cardinal-prefect  and  whose  work  is  to  examine  and 
report  to  the  Sovereign  Pontiff  on  various  petitions 
for  justice  which  are  presented  to  the  Apostolic  See. 
These  petitions  are  either  signed  and  granted  by  the 
Pope  or  referred  to  judges  for  trial.  Hence  the  term 
signature.  From  the  time  of  Innocent  VIII.  affairs 
of  mere  favor  were  separated  from  those  of  justice, 
and  Sixtus  V.  deputed  thirty  referees  to  report  on 
affairs  of  justice.  Of  these  thirty,  twelve  enjoy  the 
privilege  of  voting  on  questions  brought  up,  and 
they  are  called  voting  referees.  Alexander  VII. 
constituted  these  referees  into  a  college.  The  Sig- 
nature of  Justice  on  account  of  its  work  of  reporting 
directly  and  immediately  to  the  Pontiff  has  obtained 
the  authority  of  a  supreme  court  or  court  of  cassa- 
tion. At  present  the  Signature  of  Justice  has  six 
voting  prelates  and  seventy-four  referees.  The  pre- 
fectship  is  vacant. 


CHAPTER  XIV. 

the  tribunals  of  favor;  the  signature  of 
favor,  the  datary,  the  sacred  peniten- 
TIARY. 

253.  Besides  the  tribunals  of  justice  there  are  in 
the  Roman  Court  three  tribunals  of  grace  or  favor  ; 
the  Signature  of  Favor  or  Grace,  the  Datary  and  the 
Sacred  Penitentiary. 

The  signature  OF  favor  is  a  tribunal  for  the 
examination  of  various  matters  of  favor  and  for 
reporting  on  them  directly  to  the  Sovereign  Pontiff. 
After  Pope  Innocent  VIII.  separated  the  two  kinds 
of  petitions,  those  of  justice  from  those  of  favor,  this 
tribunal  was  established  to  report  to  His  Holiness  on 
the  matter  of  the  petitions  for  favors  which  were 
addressed  to  the  Holy  See.  It  takes  cog-nizance  only 
of  extraordinary,  not  ordinary  matters.  These 
extraordinary  matters  the  Pontiff  reserves  to  him- 
self, and  after  consulting  the  Signature  of  Favor 
concerning-  them,  renders  a  decision.  Very  often  he 
does  not  consult  even  tljis  tribunal,  but  having- 
advised  with  his  own  auditor,  announces  his  decision 
and  grants  or  refuses  the  petition. 

254.  The  Signature  of  Favor  is  in  a  certain  sense 
a  forum  of  equity  against  the  excessive  rigor  of  the 
laws  in  some  particular  cases.  For  while  the  laws 
may  strictly  demand  certain    things,  these  demands 

243 


244  THE   ROMAN   COURT. 

may  be  remitted  by  way  of  favor  by  the  Sovereign 
Pontiff.  The  petitions  for  favors,  however,  are 
usually  subjected  to  strict  examination,  and  for  such 
examination  this  tribunal  was  established.  A  car- 
dinal-prefect is  assigned  to  the  Signature  of  Favor, 
but  his  office  is  only  titular.  Besides  the  twelve 
voting  referees  of  the  other  signature — that  of  jus- 
tice— the  auditor  of  the  treasury,  the  treasurer,  the 
datary,  the  dean  of  the  Rota,  the  regent  of  the 
chancery,  the  auditor  of  His  Holiness  and  three 
other  participating  referees  constitute  the  Signature 
of  Favor,  when  fully  organized. 

255.  The  Signature  of  Favor  or  Grace  examines 
petitions  for  extraordinar}^  favors  asked  from  the 
Holy  See.  The  tribunal  of  the  datary,  how- 
ever, attends  to  ordinary  petitions,  and  grants  peti- 
tions and  dispensations  concerning  matters  which 
are  reserved  to  the  Pontiff  in  the  external  forum. 
Formerly  the  Datary  and  the  Apostolic  Chancery 
were  one  and  the  same  tribunal,  but  in  the  course  of 
time,  because  of  the  pressure  of  business,  they  wrere 
divided  into  two  tribunals.  Though  the  precise  time 
when  the  Datary  was  established,  or  when  this  divis- 
ion took  place,  cannot  be  ascertained,  still  it  is  cer- 
tain that  in  the  year  1216  when  Honorius  III. 
ascended  the  pontifical  throne,  the  Datary  already 
existed.  The  Datary  is  so,  called  from  the  fact  that 
papal  concessions  or  favors  were  properly  dated  and 
the  date  registered  by  an  official  of  the  pontifical 
court.  He  needed  several  assistants  and  thus  in  the 
course  of  time  this  whole  department  of  the  chan- 
cery was  separated  and  made  a  distinct  tribunal. 

256.  The  favors  which  are  granted  through  the 


TRIBUNAL   OF   THE   DATARY.  245 

Datary  are:  The  conferring-  of  benefices  which  are 
not  consistorial,  the  reservations  of  pensions  from 
benefices,  concessions  of  prelatial  insignia  such  as 
the  right  to  use  the  cap-pa  mag-na,  dispensations  in 
irregularities,  matrimonial  dispensations  and  such 
like  public  favors. 

Pope  Benedict  XIV.  in  his  constitution,  Gravissi- 
mum,  of  December  6,  1745,  determined  what  favors 
and  business  should  be  granted  and  done  through  the 
Datary,  -what  through  the  Secretariate  of  Briefs 
and  what  through  the  Sacred  Penitentiary.  In  the 
same  constitution  he  assigned  to  the  Datary  author- 
ity over  all  concessions  for  which  a  tax  is  to  be  paid 
to  the  chancery,  or  for  which  some  compromise  is  to 
be  made  to  the  Datary. 

257.  These  taxes  or  assessments  for  favors  granted 
by  the  Apostolic  See  have  been  in  vogue  for  cen- 
turies and  also  have  been  sanctioned  by  general 
councils  of  the  Church.  The  revenues  thus  received 
through  the  Datary  are  partly  spent  in  paying  sala- 
ries to  the  officials  of  the  tribunal  itself,  partly  in 
paying  the  salaries  of  officials  connected  with  other 
tribunals  and  with  the  Congregations  of  Cardinals. 
What  is  left  is  devoted  to  pious  works.  The  salaries 
received  by  some  of  these  officials  are  meagre  indeed. 
Some  of  the  Monsignori  who  hold  prominent  posi- 
tions receive  only  thirty  dollars  a  month,  and  are 
supposed  to  spend  the  time  between  10  o'clock  a.  m. 
and  4  o'clock  p.  m.  in  their  offices. 

258.  The  officials  of  the  Datary  are:  1°,  The 
datary  who  is  the  head  of  the  wThole  tribunal.  If  he 
is  a  cardinal,  as  is  usually  the  case,  he  is  called  the 
pro-datary,   because  the  position  of  datary  is  not  a 


246  THE   ROMAN   COURT. 

cardinalitial  office;  2°,  the  sub-datary;  3°,  the  pre- 
fect of  the  office  which  is  called  "through  death;" 
4°,  the  prefect  of  the  office  which  is  called  "conces- 
sion;" 5°,  the  general  administrator  of  affairs  to  be 
compromised;  6°,  his  substitute;  7°,  the  treasurer  of 
the  datary;  8°,  the  prefect  of  requests  granted;  9°,  the 
reviser  of  matrimonial  dispensations;  10°,  the  second 
reviser  of  petitions  on  benefices;  11°,  the  first  reviser 
of  the  same;  12\  the  official  for  matters  sent;  13°, 
the  substitute  for  the  sub-datary;  14°,  the  substitute 
tor  the  official  "through  death;"  15°,  the  official  for 
briefs;  16°,  the  substitute  for  the  reviser  of  matri- 
monial dispensations;  17°,  the  reviser  of  accounts  or 
taxes;  18°,  the  writer  of  bulls  to  be  issued  secretly; 
19°,  the  keeper  of  petitions  and  of  the  register  of 
bulls;  20°,  the  official  for  collating-  extracts  from 
briefs  and  bulls;  21°,  the  notary  of  processes  for 
promotion  to  cathedral  churches;  22°,  the  accountant; 
23°,  the  notary;  24°,  about  thirty  inferior  officials. 
Except  the  cardinal-pro-datary,  the  sub-datary,  the 
prefect  of  favors  granted  and  the  notary  for  promo- 
tions to  cathedral  churches,  all  these  officials  are 
sig-nori  and  not  clerics. 

259.  The  name  of  datary  is  supposed  by  some  to 
be  gfiven  the  head  of  the  tribunal,  because  formerly 
he  dated  the  dispensations  and  other  favors  granted 
by  the  Sovereign  Pontiff.  Others  say  he  is  called 
datary,  because  he  has  so  much  to  do  with  granting- 
these  favors.  The  Pope,  however,  and  not  the 
datary  grants  all  favors. 

Orig-inally  the  office  of  datary  was  filled  by  a  pre- 
late and  not  by  a  cardinal.  Hence  when  it  beg-an  to 
be  filled  by  a  cardinal,  he  was  called  pro-datary,  lest 


OFFICIALS  OF   THE   DATARY.  247 

the  cardinalitial  dignity  might  seem  lowered  by  fill- 
ing- an  office  formerly  held  by  a  prelate.  For  the  same 
reason,  when  a  prelate  who  is  nuncio  to  a  court  must 
remain  there  for  a  time  after  he  becomes  a  cardinal, 
he  is  then  called  no  longer  nuncio,  but  pro-nuncio. 

260.  In  everything  that  is  done  through  the 
Datary,  the  cardinal  pro-datary  represents  the  Pope; 
so  that  everything  done  by  him  in  his  official  capacity 
is  as  valid  as  if  done  by  the  Pope  personally.  At 
the  death  of  the  Pontiff  the  jurisdiction  of  the  car- 
dinal-pro-datary  expires.  And  then  all  the  peti- 
tions and  favors  not  yet  expedited,  even  though 
granted,  are  placed  in  a  sealed  case  and  given  into 
the  custody  of  two  prelates.  This  transfer  is  made 
usually  at  the  first  meeting  of  the  cardinals  after 
the  death  of  the  Pontiff. 

The  sub-datary  assists  the  cardinal-pro-datary 
and  supplies  his  place  even  in  regard  to  the  matters 
which  must  be  referred  to  the  audience  of  the  Holy 
Father.  He  signs  briefs  and  copies,  and  holds  the 
first  place  among  all  the  officials  after  the  cardinal. 
He  lives  in  the  palace  of  the  Datary  and  is  usually  a 
domestic  prelate. 

261.  The  office  of  the  official  "through  death," 
means  the  office  of  the  official  who  has  charge  of 
those  matters  coming  to  the  Datary  because  of  a 
vacanc}7  through  death.  Such  matters  relate  espec- 
ially to  benefices  vacant  through  the  death  of  their 
incumbents.  Many  benefices  are  reserved  to  the 
Holy  See,  and  much  of  the  detail  work  connected  with 
them  is  done  under  the  direction  of  this  official. 

Every  day,  in  the  morning,  there  is  a  meeting  of 
the  Datary,   at   which  the  cardinal-pro-datary,  the 


248  THE   ROMAN  COURT. 

sub-datary  and  the  official  "through  death"  are 
present.  The  cardinal,  with  the  consultive  vote  of 
the  sub-datary  and  the  official,  weighs  and  deter- 
mines the  business  of  the  tribunal.  The  matters  to 
be  referred  to  the  Sovereign  Pontiff  are  arranged, 
and  later  the  same  day  are  presented  for  the  assent 
of  His  Holiness;  because  he  and  not  the  cardinal- 
pro-datary  grants  the  favors  of  the  Datary.  They 
are  then  expedited  through  the  proper  officials. 

261.  The  sacred  penitentiary  is  a  tribunal  of 
the  Roman  Court  established  especially  for  the  forum 
of  conscience,  that  through  it  the  Holy  See  may 
give  absolution  from  sins  and  censures  specially  re- 
served to  it;  that,  moreover,  it  may  grant  dispensa- 
tions from  vows,  from  the  obligation  of  reciting  the 
office,  from  occult  impediments  and  irregularities, 
and  that  it  may  decide  doubts  of  conscience  for  those 
whose  anxiety  induces  them  to  apply  for  an  author- 
itative solution. 

262.  Not  a  few  of  the  learned  trace  the  institution 
of  this  tribunal,  or  at  least  the  idea  of  it,  back  to 
the  time  of  St.  Cornelius  and  St.  Cyprian,  when  cer- 
tain priests  were  specially  commissioned  to  absolve 
those  Christians  who  unfortunately  had  fallen  away 
from  the  faith  because  of  the  raging  persecution, 
and  who  wished  to  be  restored  to  the  bosom  of  the 
Church.  They  say  also  that  the  dignity  of  the  major 
penitentiary  which  for  many  years  past  has  been  con- 
ferred only  on  a  cardinal,  was  instituted  by  Pope 
Benedict  II.  From  his  time  up  to  the  reign  of 
Pius  IV.  the  power  and  jurisdiction  of  the  tribunal 
and  of  the  cardinal  were  very  great,  so  that  not  only 
matters  of   conscience  and  occult  impediments   and 


THE   SACRED  PENITENTIARY.  249 

irregularities,  but  also  public  impediments  came 
under  the  competency  of  this  tribunal.  Pope 
Pius  IV.,  however,  and  especially  Pope  Pius  V., 
restricted  these  faculties;  and  later  Pope  Benedict 
XIV.  re-arrang*ed  the  whole  tribunal,  so  that  now  it 
dispenses  only  in  occult  impediments  and  irregulari- 
ties, and  decides  cases  of  conscience  properly  referred 
to  it.  In  the  case  of  the  poor,  however,  it  grants 
all,  even  public  dispensations,  gratuitously,  which 
otherwise  would  have  to  be  obtained  from  the  Dat- 
ary  and  for  which  the  usual  tax  would  be  charg-ed. 

263.  The  persons  who  constitute  the  Penitentiary 
are  :  The  major  penitentiary,  the  reg-ent,  the  theo- 
logian, the  datary,  the  corrector,  the  sealer,  the 
canonist,  four  procurators  or  secretaries  and  four 
ordinary  writers.  Besides  these,  there  are  three 
minor  penitentiaries  who  hear  confessions  in  the 
basilicas  of  St.  John  Lateran,  St.  Peter  and  St. 
Mary  Major,  for  which  they  use  faculties  granted 
them  by  the  major  penitentiary.  There  is  also  a 
chaplain  or  g-uard  of  the  Penitentiary,  an  archivist 
or  an  assistant  sealer  who  helps  the  sealer. 

All  these  persons  have  a  life  tenure,  and  except  in 
the  case  of  leg-itimate  deprivation,  their  offices  are  not 
supposed  to  be  vacant  unless  throug-h  free  resigna- 
tion or  throug-h  promotion  to  the  cardinalate  or  to  a 
bishopric  requiring-  residence,  or  throug-h  transfer  to 
another  office  of  the  same  Penitentiary.  Each  pre- 
late connected  with  this  tribunal — they  are  all  pre- 
lates— before  taking-  office  makes  oath  that  he  will 
faithfully  and  gratuitously  execute  his  office,  that 
except  his  salary  he  will  accept  no  money  from  any- 
one,   even  if  gratuitously  offered,    and  that  he   will 


250  THE:   ROMAN   COURT. 

inviolably  keep  secret  the  cases,  persons  and  busi- 
ness of  the  Sacred  Penitentiary. 

264.  The  major  penitentiary,  according  to  the  con- 
stitution of  Benedict  XIV.,  is  to  be  at  least  a  cardi- 
nal-priest of  the  Holy  Roman  Church,  who  is  a 
master  in  theology  or  doctor  in  canon  law.  He  shall 
be  chosen  by  the  Roman  Pontiff  and  appointed  by 
letters  in  the  form  of  a  brief.  He  shall  personally 
exercise  his  office,  but  if  absent  or  impeded  for  some 
cause  approved  by  the  Pontiff,  he  himself  shall  ap- 
point another  cardinal  with  the  aforementioned  qual- 
ifications to  take  his  place.  The  cardinal  thus 
appointed  pro-penitentiary  shall  fulfil  this  duty  him- 
self and  in  his  own  name  expedite  letters.  If  during- 
a  vacancy  in  the  Holy  See,  the  cardinal  penitentiary 
should  die,  a  cardinal  pro-penitentiary  shall  be 
chosen  by  the  majority  of  the  cardinals  and  shall 
serve  until  the  election  of  the  new  Pontiff. 

The  chief  duty  of  the  major  penitentiary  is  to 
carefully  use  the  faculties  granted  him.  During- 
Holy  Week  he  is  to  hear  confessions  and  grant  indul- 
gences in  the  three  great  basilicas  of  Rome;  in  St. 
John's  on  Palm  Sunday,  in  St.  Mary's  on  Wednes- 
day, and  in  St.  Peter's  on  Thursda}r  and  Friday. 
Finally  he  is  to  assist  the  Roman  Pontiff  in  his  ag-ony, 
and  g-ive  him  spiritual  aid  and  consolation. 

265.  Of  the  other  officials,  the  reg-ent,  the  theo- 
logian, the  datary,  the  canonist,  the  corrector  and 
the  sealer,  must  be  priests  of  conspicuous  learning- 
and  integrity.  They  shall  be  selected,  with  great 
care  by  the  major  penitentiary,  and  after  being-  pre- 
sented to  the  Roman  Pontiff,  if  they  deserve  his  con- 
firmation, shall  be  admitted  to  their  offices  by  letters 


SELECTION   OF   OFFICIALS.  251 

patent  of  the  major  penitentiary  countersigned  by 
one  of  the  secretaries.  The  offices  of  the  procura- 
tors and  secretaries  shall  be  filled  by  concursus,  held 
under  the  direction  of  the  regent  and  the  corrector, 
who  shall,  moreover,  diligently  inquire  into  the  life 
and  character  of  the  applicants  for  the  positions, 
during  the  six  days  which  must  elapse  before  the 
office  can  be  filled.  The  appointees  shall  be  entitled 
to  their  offices  on  receiving  letters  patent  of  the  car- 
dinal penitentiary. 

266.  The  regent  according  to  ancient  custom  is 
one  of  the  auditors  of  the  Rota  or  sacred  palace. 
His  duty  is  to  direct  the  affairs  of  the  tribunal, 
and  diligently  examine  all  matters  brought  before 
it.  Nothing  can  be  undertaken  by  the  secretaries 
without  his  assent,  even  if  there  is  no  difficulty  in 
the  case.  In  doubtful  matters  he  consults  the  car- 
dinal penitentiary,  and  later  these  matters  are  decided 
in  the  signature  or  meeting  of  the  officials  which  is 
held  on  stated  days.  But  in  routine  cases  the  regent 
examines  and  expedites  the  petitions  in  a  meeting  of 
the  procurators  held  each  week  at  his  order. 

The  corrector  is  to  examine  and  correct  the  letters 
prepared  by  the  secretaries,  and  if  necessary  cause 
them  to  be  re-written,  so  that  they  may  be  in  proper 
style,  clean  and  without  erasures  when  transmitted 
to  the  parties  to  whom  they  are  addressed.  The 
datary  affixes  at  the  bottom  of  the  letters  the  place, 
day,  month,  year  of  the  Christian  era  and  of  the 
reigning  Pontiff  when  the  petitions  were  granted. 

267.  The  theologian  consultor  is  a  member  of  the 
Society  of  Jesus,  and  his  duty  is  to  give  his  opinion, 
in  writing  if  necessary,  on  difficult  cases  or  petitions 


252  THE   ROMAN   COURT. 

which  are  referred  to  him  by  the  cardinal  or  the 
recent  of  the  tribunal.  The  canonist,  also,  when 
requested  by  the  cardinal  or  the  regent  shall  give 
his  opinion  on  cases  referred,  to  him.  The  sealer 
shall  examine  and  if  found  properly  written  affix  the 
seal  of  the  tribunal  to  all  letters  sent  out  by  the  Pen- 
itentiary. He  shall  also  have  charge  of  the  archives 
and  registers  of  the  tribunal,  and  in  this  duty  may  have 
the  assistance  of  the  pro-sealer.  This  latter  official 
shall  have  charge  of  the  revenues  of  the  tribunal. 

268.  The  procurators  or  secretaries  shall  carefully 
examine  all  letters  received,  and  if  the  case  permits, 
make  digests  of  them.  Then  they  shall  refer  all  to 
the  cardinal  or  to  the  regent  and  make  no  reply  what- 
ever without  his  order.  They  shall  prepare  all 
replies  according  to  the  set  forms  adopted  in  the 
Penitentiary.  In  this  and  in  keeping  the  records 
they  shall  be  assisted  by  four  writers  or  copyists. 
The  duty  of  the  chaplain,  who  shall  be  a  priest,  or 
at  least  a  cleric  in  major  orders,  is  to  act  as  janitor 
or  guard  to  the  hall  where  the  meeting  of  the 
officials  of  the  Penitentiary  is  held;  and  to  give 
proper  notice  of  these  meetings  to  the  various  mem- 
bers of  the  tribunal. 

269.  The  faculties  of  the  major  penitentiary  are 
very  ample  and  cover  most  cases  of  conscience.  But 
if  he  has  no  faculties,  he  can  always  receive  them  by 
word  of  mouth  from  the  Pontiff,  and  therefore  it  is 
not  necessary  for  anyone  to  inquire  whether  or  not 
the  Sacred  Penitentiary  has  faculties  for  such  or  such 
a  case.  In  regard  to  all  doubts  in  the  matter  of  sins 
the  cardinal  penitentiary  has  unlimited  jurisdiction. 

All  dispensations,  absolutions  and  other  favors  are 


FACULTIES   USED   GRATUITOUSLY.  253 

granted  by  this  tribunal  absolutely  gratuitously. 
The  names  of  the  persons  for  whom  favors  are 
requested  need  not  be  mentioned,  but  an  address 
must  be  given  whereto  a  reply  should  be  directed. 
The  English  or  any  other  language  may  be  used  in 
the  application,  but  the  reply  will  be  made  in  Latin. 

270.  The  case  must  be  clearly  stated  and  the  true 
reason  given  for  the  recourse,  for  if  the  true  reason 
is  concealed  and  a  false  one  given,  any  dispensation 
founded  on  it  will  be  null  and  void.  Fictitious  names 
may  be  used;  but  the  case  itself  must  be  stated 
truthfully.  A  confessor  may  apply  to  the  Sacred 
Penitentiary  for  absolutions  and  dispensations  which 
the  bishop  has  faculties  to  grant.  And  at  times  on 
account  of  circumstances  it  is  advisable  to  do  so, 
particularly  if  there  is  danger  of  the  seal  of  confes- 
sion being  infringed,  or  of  the  bishop  in  some  way 
becoming-  acquainted  with  a  matter  which  should  be 
kept  absolutely  secret  from  him. 

When  application  is  made  to  the  Penitentiary  in 
such  a  case,  mention  had  better  be  made  of  the  rea- 
son for  not  applying-  to  the  bishop  of  the  diocese. 
The  envelope  containing*  the  letter  should  be  directed 
to:  The  Most  Eminent  Cardinal  Major  Peniten- 
tiary, Rome,  Italy.  The  letter  should  begin  with 
the  words  :  Most  Eminent  and  Most  Reverend  Sir. 
The  etiquette  of  the  Roman  Court  requires  that  all 
letters  sent  to  cardinals  should  be  commenced  about 
half  way  from  the  top  of  the  first  page.  At  the 
bottom  of  the  letter  the  address  to  which  a  reply 
should  be  sent  is  added  in  these  or  similar  words : 
May  your  Eminence  deign  to  direct  the  reply  to . 

271.  Careful  attention  should  be  given  to  the  for- 


254  THE   ROMAN   COURT. 

mulas  used  in  the  reply  from  the  Penitentiary. 
Ordinarily  the  dispensation  or  faculty  for  absolving- 
is  sent  to  the  person  applying-  for  it,  but  it  can  be 
applied  only  by  a  confessor,  who,  however,  may  be 
selected  by  the  person  himself.  At  times  also  the 
reply  contains  the  condition  that  the  confessor  to 
apply  this  dispensation  or  to  use  this  faculty  for 
absolving-,  "must  be  a  master,  that  is,  licentiate  or 
doctor,  in  theology  or  a  doctor  of  canon  law."  In 
such  a  case  no  other  confessor  can  use  the  faculty. 
Further,  a  person  who  has  only  honorary  degrees, 
except  they  be  from  the  Pope,  is  not  considered  com- 
petent in  such  cases  nor  does  he  fulfil  the  required 
condition. 

272.  Except  in  occult  cases,  the  Sacred  Peniten- 
tiary does  not  grant  dispensations  unless  the  appli- 
cants be  poor.  In  such  circumstances  this  tribunal 
grants  dispensations  also  for  public  impediments. 
Prom  reserved  sins  and  censures,  however,  it  grants 
absolution,  whether  they  be  hidden  or  public;  with 
this  difference,  that  if  the  cases  be  secret  it  grants  the 
necessary  faculties  to  the  confessor,  but  if  the  cases  be 
public,  it  sends  the  necessary  faculties  to  the  ordinary 
of  the  diocese  from  which  the  application  came.  • 

The  faculties  of  the  major  penitentiary  for  the 
external  forum  expire  with  the  death  of  the  Roman 
Pontiff;  but  those  for  the  forum  of  conscience  are 
perpetual  and  continue  also  during-  a  vacancy  in  the 
Apostolic  See.  All  decisions  of  the  Penitentiary  are 
issued  in  the  name  of  the  major  penitentiary,  not  of 
the  tribunal. 

273.  It  is  customary  for  the  tribunal  of  the  Peniten- 
tiary to  use  many  peculiar  abbreviations  in  its  replies. 


PECULIAR   ABBREVIATIONS. 


255 


That  such  abbreviations  may  not  be  misunderstood, 
and  necessary  conditions  thereby  be  omitted,  an 
explanation  of  the  most  frequent  ones  is  inserted: 


archiepus archbishop 

air otherwise 

als otherwise 

absoluo absolution 

aplica apostolic 

autte authority 

appbatis approved 

cardlis cardinal 

canice canonically 

cen censures 

Xtus Christ 

confeone confession 

coione communion 

consciae conscience 

discreoni .-  discretion 

dnus lord 

ecclae church 

effus effect 

exit exists 

ecclis ecclesiastics 

epus bishop 

excoe  —  excommunication 

fr brother 

f  rum brother 

gnali general 

humoi of  this  kind 

humilr .  -  humbly 

inf  raptum  —  undersigned 

irregulte irregularity 

igr therefore 

lia license 

ltima  - —  legitimate 

lrae letters 

lite licitly 

mrimonium matrimony 


magro master 

mitaone mercy 

mir  .: —    mercy 

nulltus not  at  all 

ordio ordinary 

ordinaoni ordination 

Pp _  _  pope 

pr father 

pon  tus pontificate 

ptus aforesaid 

ptur -  -  is  preferred 

pntium present 

pbter priest 

poenia penance 

poenaria  --  penitentiary 

poe can 

pror ..  -  procurator 

qtnus  -  -  -  —  in  as  far  as 

qmlbt in  some  way 

qd which  or  what 

relari regular 

relione religion 

Roma Roman 

sntae  or  stae holy 

saluri salutary 

sentia -  -  sentence 

spealtr specially 

supplibus.  supplications 

spualibus spiritual 

tn nevertheless 

tm only 

thia  or  theolia-  theology 

tli title 

venebli venerable 

vrae your 


CHAPTER  XV. 

THE  TRIBUNALS  OF  EXPEDITION;  THE  ROMAN 
CHANCERY,  THE  SECRETARIATE  OF  BRIEES,  THE 
SECRETARIATE  OF  STATE,  THE  SECRETARIATE 
OF  MEMORIALS. 

274.  The  tribunals  of  expedition  in  the  Roman 
Court  are  those  through  which  apostolic  letters  are 
issued.  Chief  among  them  is  the  APOSTOLIC  CHAN- 
CERY, through  which  in  proper  form  pontifical  bulls 
and  apostolic  letters  regarding  matters  treated  in 
the  Consistory  are  expedited.  The  Chancery  pre- 
pares and  expedites  these  bulls  and  letters  according 
to  the  petition  signed  by  the  Pope  in  the  Datary,  if 
there  is  question  of  benefices,  or  of  matrimony,  and 
according  to  the  consistorial  schedule  signed  by  the 
Pope  in  the  Secretariate  of  Briefs,  if  there  is  question 
of  consistorial  affairs,  such  as  appointments  to 
bishoprics  or  similar  important  matters. 

275.  The  chief  officials  of  the  Chancery  are:  1°, 
The  cardinal  vice-chancellor,  who  is  also  the  sum- 
mista;  2°,  the  regent,  and  3°,  the  sub-summista, 
both  of  whom  are  prelates.  Then  there  are  others 
who  are  not  prelates,  viz.:  4°,  the  substitute  of  the 
summista;  5,  the  president  of  the  lead  seal;  6°,  the 
sealer;  7°,  the  notary  secretar}7;  8°,  the  keeper  of  the 
chancery,  9°,  the  substitute  for  contradictory  claims. 
Attached  to  the  Chancery  is  a  college  of  seventeen 

256 


ORIGIN   OF   CHANCELLORS.  257 

prelates,  abbreviators  of  the  larger  room  (parco),  so 
called  from  the  place  where  they  gather  and  perform 
their  duties.  Three  of  these  seventeen  prelate 
abbreviators  are  acting-  and  fourteen  supernumerary. 
Six  signori  are  substitutes  for  them.  With  the 
exception  of  the  prelates  mentioned  above,  all  the 
Chancery  officials  are  signori,  not  clerics. 

276.  The  name  and  office  of  chancellor  is  most 
ancient  in  the  courts  of  secular  princes.  In  the 
Roman  Court  the  office  itself  is  very  ancient,  but  the 
name  seems  to  have  been  introduced  only  about  the 
year  850.  Prom  the  first  ages  the  Roman  Pontiffs 
had  about  them  some  clerics  who  wrote  and  expe- 
dited letters  in  their  name.  St.  Jerome  testifies 
that  he  thus  assisted  Pope  Damasus.  Still  these 
clerics  were  not  called  chancellors,  but  went  by  the 
name  of  notaries,  regionaries  and  librarians.  In  the 
ninth  century,  however,  the  word  chancellor  was 
introduced,  derived  as  some  say  from  the  fact  that 
the  chancellor  cancelled  every  letter  with  a  line 
drawn  through  it,  or,  as  others  assert,  from  the 
grate  behind  which  he  sat  and  gave  audience. 

277.  Bonaface  VIII.  is  said  to  be  the  first  Pope 
who  committed  to  a  cardinal  the  office  of  chancellor 
of  the  Apostolic  See.  The  cardinal,  however,  is  not 
called  chancellor  but  vice-chancellor,  because  for-' 
merly  this  was  not  a  cardinalitial  office,  and  a  depre- 
ciation of  the  cardinalitial  dignity  is  supposed  to  be 
thus  avoided. 

The  cardinal  vice-chancellor,  as  regards  office  not 
dignity,  is  greater  in  the  Roman  Court  than  anyone 
except  the  Pope,  for  he  carries  the  sceptre  of  justice. 
He   presides  over   the   protonotaries,    the  officials  in 


258  THE    ROMAN   COURT. 

charg-e  of  the  archives,  the  auditors  of  the  Rota, 
the  secretaries  and  other  officials.  He  is  judg-e  in 
those  thing's  which  concern  the  expediting-  of  bulls, 
and  sig-ns  all  apostolic  letters  on  every  matter,  ex- 
cept those  sent  out  over  the  seal  of  the  fisherman. 
He  first  approves  them  with  the  letter  L,  which 
means  that  he  has  read  them,  and  on  the  opposite 
side  with  the  letter  R,  which  means  that  he  orders 
them  entered  in  the  register.  Further,  the  cardinal 
vice-chancellor  acts  as  secretary  to  the  Consistory 
and  writes  the  decrees  made  therein  regarding-  the 
titles  of  cardinals,  promotions  to  bishoprics  and  other 
matters,  and  then  sees  that  these  decrees  are  prop- 
erly arrang-ed  in  the  Chancery  and  sent  to  those  pro- 
moted in  Consistory. 

278.  By  the  death  of  the  Roman  Pontiff  the  juris- 
diction of  the  cardinal  vice-chancellor  at  once  expires, 
and  the  pontifical  seal  of  which  he  has  charg-e  is 
broken  before  the  cardinals  at  their  first  meeting- 
after  the  death  of  the  Pope.  The  cardinal  vice- 
chancellor  is  created  vice-chancellor  and  summista 
by  two  separate  bulls  expedited  in  the  Consistory 
after  the  election  of  the  new  Pope.  As  vice-chan- 
cellor, the  care  of  the  chief  affairs  of  the  Apostolic 
See  devolves  upon  him,  especially  of  those  things 
treated  in  Consistory.  Hence  when  a  Consistory  is 
to  be  celebrated,  on  the  day  previous,  he  receives 
from  the  auditor  of  the  Sovereig-n  Pontiff  or  the 
national  cleric  of  the  Consistory,  the  consistorial 
folia,  or  the  compendium  of  the  preconizations. 
For  it  is  his  duty,  as  notary  of  the  Sacred  Consis- 
tory, to  record  these  provisions,  as  well  as  all  other 
acts  of  the  Consistory,  in  the  Chancery. 


CARDINAL   VICE-CHANCELLOR.  259 

Likewise  it  is  his  duty  to  draw  out  into  full  form 
these  and  similar  decrees  issued  by  the  Pope  in  Con- 
sistory. He  also  testifies  in  writing-  to  these  consis- 
torial  decrees,  and  on  his  testimony  to  their  truth, 
the  consistorial  schedule  is  drawn  up  in  the  Secre- 
tariate of  Briefs  to  which  schedule  the  Pope  affixes 
his  signature,  and  in  accordance  with  which  the  bulls 
are  afterwards  expedited  from  the  Chancery. 

270.  All  apostolic  letters  issued  over  the  lead  seal 
are  signed  by  the  cardinal  vice-chancellor.  Even 
appointments  to  bishoprics,  although  assured  by  the 
aforementioned  consistorial  schedule  signed  by  the 
Pope  himself,  must  neverthless  be  made  valid  by  the 
bulls  drawn  up  by  the  officials  of  the  Chancery. 
The  cardinal,  acting-  as  summista  of  the  Chancery, 
oversees  ths  expediting-  of  all  bulls  sent  out  by  the 
office.  From  this  summary  of  his  work,  the  great 
power  and  immense  influence  of  the  cardinal  vice- 
chancellor  are  apparent.  But  on  the  other  hand,  the 
great  watchfulness  which  the  duties  of  his  office 
entail  upon  him  makes  his  position  most  trying  and 
delicate. 

280.  The  office  of  regent  of  the  Chancery  was 
established  in  the  year  1377,  when  Pope  Greg-ory  XI. 
left  Avignon  in  France  and  returned  to  Rome. 
Cardinal  Manturcus  at  that  time  was  vice-chancel- 
lor, and  backed  by  Charles  V.  of  France,  refused  to 
return  to  Rome  with  the  Pope,  but  remained  at 
Avignon.  Gregory  XI.  preferred  to  tolerate  his 
action  rather  than  proceed  against  him.  But  in 
order  to  have  the  duties  of  the  office  fulfilled,  he 
created  the  regent  of  the  Chancery  to  take  the  place 
of  the  cardinal  in  his  absence.     Hence    the    regent 


260  THE   ROMAN   COURT. 

holds  the  first  place  in  the  Chancery  after  the  cardi- 
nal vice-chancellor.  He  distributes  the  documents 
to  the  different  abbreviators,  so  that  they  may  make 
minutes  of  them.  He  signs  each  bull  with  the  first 
letter  of  the  name  of  the  vice-chancellor.  He  also 
places  the  letters  L  and  C  near  the  middle  and  end 
of  each  bull,  to  signif}^  that  it  has  been  read  and 
corrected.  Then  he  gives  the  document  to  th'e  pre- 
fect of  the  lead  seal  who  attaches  the  seal  to  it  in  the 
usual  way.  The  office  of  regent  of  the  Chancery 
formerly  was  a  venal  one,  as  were  also  many  others, 
so  that  they  who  obtained  them  might  sell  their 
positions  to  others.  But  Pope  Pius  VII.  abolished 
this  custom  in  regard  to  the  whole  Chancery.  All 
offices  are  now  filled  by  appointment. 

281.  The  bulls  by  which  greater  benefices,  such 
as  bishoprics,  are  conferred,  must  be  countersigned 
by  one  of  the  notaries  participating  in  the  Roman 
Court  in  order  that  they  may  be  valid. 

The  substitute  for  contradictory  claims,  wrhen 
appointed,  takes  the  place  of  a  tribunal  which  form- 
erly existed  in  the  Chancery  for  the  settlement  of 
such  claims.  When  opposition  was  made  to  appoint- 
ments or  other  favors  granted  b}'  the  Apostolic  See, 
the  officials  of  this  tribunal  examined  and  reported 
the  matter  with  their  opinion  thereon  to  the  cardi- 
nal vice-chancellor.  Such  contests,  however,  being 
now  very  rare,  one  official,  called  the  substitute  for 
contradictory  claims,  is  able  to  attend  to  all  such 
cases  under  the  direction  of  the  cardinal  and  regent. 
Lately  the  work  of  this  official,  when  there  is  any, 
is  performed  by  others,  and  the  office  is  left  vacant. 

282.  The  business  of  the  Apostolic  Chancery  is  done 


RULES   OF    THE   CHANCERY.  261 

according-  to  certain  rules,  seventy-two  in  number, 
which  were  first  established  by  Pope  John  XXII., 
and  are  re-enacted  by  each  Pope  the  day  following* 
his  election.  ^  These  rules  are  specially  in  regard  to 
benefices,  dispensations  and  other  favors.  By  them 
the  Sovereign  Pontiff  declares  what  benefices  are 
reserved  for  his  own  disposal,  (Rules  1  to  11) ;  by 
them  he  revalidates  letters  of  favor  or  justice 
granted  by  his  predecessor  during  the  year  preceding 
his  death  and  not  yet  presented  to  their  executors 
(Rule  12)  ;  further,  he  recalls  certain  favors  or  fac- 
ulties which  have  not  yet  had  issue  and  which  it  is 
deemed  best  to  submit  to  re-examination  (Rules  13 
to  15)  ;  he  lays  down  the  method  to  be  followed  in 
granting  benefices,  that  justice  may  not  be  denied, 
and  that  fraud  on  the  part  of  applicants  may  be  pre- 
cluded and  contests  avoided  (Rules  17,  48,  55,  68)  ; 
again  by  other  rules  he  determines  what  must  be 
expressed  in  grants  of  dispensations,  indulgences 
and  other  favors  that  the  will  of  the  granter  may  be 
clearly  manifested  (Rules  16,  49,  54)  ;  he  also  pre- 
cludes the  abuse  of  extending  the  grant  beyond  its 
limits  (Rule  52)  and  of  it  interfering  with  the  rights 
of  others  unless  they  are  specially  mentioned  (Rule 
18).  In  like  manner  he  ordains  by  Rule  70  that  the 
cardinals  of  the  Holy  Roman  Church  are  not  sup- 
posed included  in  any  apostolic  constitution  unless 
they  are  specifically  mentioned.  By  Rule  71  he  also 
ordains  that  the  rules  of  the  Chancery  shall  not  be 
supposed  annulled  or  derogated  from  by  any  consti- 
tution or  other  pontifical  enactment  unless  these  rules 
are  specifically  mentioned  in  such  enactment. 
Lastly  by  Rule  72  he  determines  the  power  given  to 


262  THE   ROMAN   COURT. 

the  vice-chancellor  and  to  the  regent  of  the  Chancery. 
The  Chancery  follows  these  rules  exactly  and  they 
are  in  themselves  of  obligation  on  the  whole  Church. 

283.  Besides  the  Apostolic  Chancery  where  bulls 
are  expedited  in  regard  to  consistorial  and  important 
church  affairs,  there  is  another  tribunal  for  expedit- 
ing letters  which  concern  affairs  of  lesser  moment. 
This  is  called  THE  SECRETARIATE  OE  BRIEFS. 
Formerly  the  Chancery,  Datary  and  Secretariate  of 
Briefs  wTere  all  united;  but  after  the  Datary  was 
made  a  distinct  tribunal,  a  second  division  was  found 
advisable  and  the  Secretariate  of  Briefs  was  also 
made  independent.  This  Secretariate  was  brought 
about  because  the  Sovereign  Pontiffs  were  accus- 
tomed, with  the  aid  of  a  cardinal,  to  attend  to  these 
minor  concerns  themselves  and  expedite  them  in  the 
form  of  a  brief.  The  cardinal  who  acted  as  secre- 
tary for  these  matters  was  usually  one  most  familiar 
with  the  Pope  and  therefore  was  called  the  "cardinal 
nephew."  In  time  the  "cardinal  nephew"  required 
assistants,  and  thus  the  special  tribunal  for  expedit- 
ing the  minor  concerns  of  the  Holy  See  was  estab- 
lished distinct  from  the  Chancery.  It  still  retains 
the  marks  of  its  institution,  for  its  seal  is  the  fisher- 
man's ring,  which  is  the  private  seal  of  the  Pope  as 
compared  with  the  lead  seal  which  may  be  called  the 
seal  of  state. 

284.  The  Secretary  of  Briefs  is  always  a  cardinal, 
and  his  position  is  most  important  and  influential. 
He  has  charge  of  expediting  indults  for  indulgences 
attached  to  crucifixes,  beads  and  images,  and  for 
establishing  private  oratories  with  the  privilege  of 
saying  Mass  and  keeping  the  Blessed  Sacrament  in 


SECRETARY  OE   BRIEES.  263 

them.  The  Secretariate  of  Briefs  also  issues  many 
rescripts  of  grace  which  are  granted  by  the  Datary; 
for  the  Datary  receives  and  examines  petitions,  grants 
the  favor  asked,  but  sends  the  matter  either  to  the 
Secretariate  of  Briefs  or  to  the  Chancery  to  have  it 
forwarded  to  the  petitioner. 

Althoug-h  Pope  Benedict  XIV.  in  1745  determined 
just  what  matters  should  belong-  to  the  Datary  and 
what  to  the  Secretariate  of  Briefs,  still  it  may  safely 
be  said  that  all  provisions,  favors,  absolutions,  dis- 
pensations which  are  granted  by  the  Pope,  and  which 
are  not  sent  out  directly  by  certain  Congregations, 
or  by  bulls  of  the  Chancery,  are  expedited  in  the  form 
of  briefs  by  the  Secretariate  of  Briefs. 

A  prelate  is  the  substitute  for  the  secretary, 
besides  whom  there  are  an  assessor,  six  minutanti, 
a  prelate  archivist,  a  keeper  and  an  accountant. 
The  office  is  at  Number  8,  via  S.  Appolinare. 

285.  The  Chancery,  the  Datary  and  the  Secretar- 
iate of  Briefs  are  all  near  each  other;  so  that  any 
matter  which  by  mistake  has  been  sent  to  one  office 
can  easily  be  transferred  to  another  where  it  prop- 
erly belong-s.  No  concern  need  be  felt,  lest  the 
rescript  be  issued  by  the  wrong-  tribunal,  for  the 
officials  in  charg*e  are  fully  conversant  with  the  fac- 
ulties they  possess. 

The  original  draft  of  every  rescript  or  brief  is  pre- 
served in  the  archives  so  that  there  may  be  no  ques- 
tion raised  reg-arding-  its  validity,  and  no  chance  for 
fraud  to  go  undiscovered  if  notice  is  sent  to  the 
tribunal  that  expedited  the  rescript. 

The  Secretariate  of  Briefs  also  issues  letters  con- 
cerning- those  matters  which  the  Pope  refers  to  the 


264  THE   ROMAN   COURT. 

Signature  of  Justice  or   of   Favor   for  examination 
and  report. 

286.  The  Apostolic  See  has  relations  not  only  with 
the  universal  Church,  in  religious  matters,  but  also 
with  the  civil  governments  of  the  nations  of  the 
world.  Even  now,  when  it  has  lost  its  temporal 
power,  these  relations  are  still  intact  with  many 
governments.  Matters  which  concern  the  temporal 
power  of  the  Pope  and  his  relations  with  other  rulers, 
are  transacted  through  THE  SECRETARIATE  OE 
STATE.  The  Secretary  of  State  is  always  a  cardinal 
of  prominence  and  diplomatic  ability.  His  office,  or 
secretariate,  is  in  the  Vatican  palace,  near  the  apart- 
ments of  His  Holiness.  He  has  a  number  of  assist- 
ants, all  subject  to  him  and  receiving  orders  from 
him  alone.  Among  them  is  a  substitute,  seven  min- 
utanti  and  three  archivists. 

Besides  civil  affairs  in  which  the  Holy  See  is  con- 
cerned with  the  nations,  ecclesiastical  affairs  in 
which  these  nations  are  interested  are  treated 
through  the  Secretary  of  State.  Hence  apostolic 
nuncios  sent  to  kings  and  emperors  report  to  the  Sec- 
retary of  State,  and  receive  their  appointment  and 
recall  through  his  office.  Ambassadors  of  nations 
also  treat  with  the  Holy  See  through  this  office. 
With  the  loss  of  the  temporal  power  much  work  and 
prestige  has  been  taken  from  the  Cardinal-secretary 
of  State,  but  his  position  is  nevertheless  most 
important. 

287.  The  secretariate  ©e  memorials  has  no 
cardinal-secretary  at  the  present  time  but  a  prelate 
acts  as  his  substitute.  It  has  attached  to  it  two 
minutanti,  a  summista,  aud  a  protocolist.     Its  office 


PALATINE  SECRETARIES.  265 

is   in    the   Palace    Mig-nanelli,    near    the    Piazza  di 
Spag-na. 

There  is  also  a  prelate  secretary  for  letters  to 
princes  and  another  for  Latin  letters,  both  of  whom 
have  their  office  in  the  apostolic  palace.  All  these 
secretariates  are  called  palatine,  because  immedi- 
ately connected  with  the  apostolic  palace.  Their 
names  express  the  work  they  do. 


CHAPTER  XVI. 

ADVOCATES,  NOTARIES,  AGENTS,  IN  THE 
ROMAN  COURT. 

288.  Those  who  constitute  the  Roman  Court  are 
called  curials,  and  therefore  cardinals,  prelates  and 
judges  are  all  comprehended  in  this  name.  Common 
usage,  however,  has  restricted  the  term,  so  that  it 
includes  only  those  subsidiary  persons  who  are 
attached  to  some  tribunal,  or  .act  for  interested 
parties,  as  advocates,  procurators,  notaries,  solici- 
tors and  agents.  Most  of  these  curials  are  not 
clerics. 

The  members  of  the  Roman  Court  are  assigned  to 
various  tribunals,  so  that  all  who  live  at  Court  fill 
at  least  one  office.  Thus  all  the  cardinals  make  up 
the  Consistory  at  which  the  Pope  presides.  Again 
the  various  Congregations  set  over  particular  mat- 
ters are  composed  of  a  number  of  cardinals,  one  of 
whom  is  prefect,  and  of  several  prelates  and  inferior 
officials.  In  a  similar  way,  the  administration  of  the 
lesser  tribunals  is  committed  to  prelates  assisted  by 
officials  of  various  grades. 

289.  Life  at  the  Roman  Court  is  therefore  not  a 
sinecure;  it  is  made  up  of  onerous  duties  and  constant 
work.  With  innumerable  petitions  from  every 
nation  of  the  world,  with  frequent  appeals  or  re- 
course against  the  judgment  of  inferior  tribunals  on 

266 


ADVOCATES  IN  ROME.  267 

most  important  and  complicated  questions,  it  is  evi- 
dent that  many  persons  are  required  to  properly 
perform  the  work.  Whether  questions  could  be 
decided  quicker  with  a  re-arrangement  of  the  various 
tribunals  and  an  infusion  of  foreign  blood,  as  sug- 
gested in  the  Vatican  Council,  is  a  matter  beyond 
the  competency  of  this  treatise. 

290.  The  curials,  according-  to  the  common  use  of 
this  term,  are  either  officials  assigned  as  assistants 
to  various  tribunals  of  the  Court,  or  persons  who 
act  in  these  tribunals  for  interested  parties  who 
have  procured  their  services. 

Chief  among-  the  curials  are  advocates.  They 
are  lawyers  whose  business  is  to  lay  down  the  law, 
or  furnish  a  legal  opinion  in  such  a  way  that  it  may 
be  the  foundation  of  a  judicial  sentence.  Advocates 
are  either  practical  or  titular.  Some  of  them  are 
prelates  and  with  others  who  are  signori  constitute 
colleges,  such  for  instance  as  the  college  of  Consis- 
torial  Advocates.  To  them  the  matters  of  the  Con- 
sistory are  frequently  referred  for  a  legal  opinion. 
Seven  of  these  consistorial  advocates,  called  par- 
ticipating advocates,  constitute  the  academy  of 
jurisconsults. 

291.  Practical  advocates,  who  are  not  prelates, 
undertake  for  a  stipulated  fee  to  assist  parties  in 
trials  before  a  judge  or  before  the  Congregations. 
Not  everyone  is  allowed  to  practice  before  the  Roman 
Congregations,  but  only  they  who  are  regularly 
admitted.  Titular  advocates  are  those,  who,  hav- 
ing passed  the  regular  examination  and  obtained 
their  degrees,  nevertheless  instead  of  practicing  i 
prefer  to  do  certain  judicial  work,   such  as  assisting 


268  THE  ROMAN  COURT. 

judges  to  study  causes  and  prepare  decisions.  Not 
unfrequently  also  these  titular  advocates  are  ap- 
pointed consultors  for  the  various  Congregations. 
They  examine  the  cases  referred  to  them,  give  an 
opinion  on  the  facts,  quote  the  laws  which  apply  to 
the  matter,  even  if  they  have  been  overlooked  by  the 
parties  themselves,  and  thus  present  a  votum  to  the 
Congregation  which  is  usually  accepted  as  the  basis 
of  its  decision. 

292.  ProcuratoRvS  are  persons  who  represent 
litigants  before  the  Court  and  appear  in  their  stead. 
They  receive  compensation  for  their  services,  paid 
by  those  whom  they  represent.  Twenty-four  of 
them  constitute  a  peculiar  and  privileged  college, 
similar  to  the  college  of  advocates.  Formerly 
these  procurators  had  the  exclusive  right  to  repre- 
sent litigants  before  the  tribunal  of  the  Rota;  but 
later  certain  others,  called  Rotal  Procurators,  were 
also  allowed  to  represent  litigants  before  this  tri- 
bunal after  complying  with  stated  prescriptions  of 
law.  From  this  second  class,  the  college  of  pro- 
curators then  also  began  to  fill  its  vacancies.  The 
procurators  who  represent  parties  before  other  tri- 
bunals are  called  simple  procurators.  Procurators, 
like  the  principals  for  whom  they  act,  generally 
employ  the  services  of  an  advocate  to  assist  them  in 
their  contest  before  the  tribunal  or  Congregation 
that  hears  their  cause. 

293.  Notaries  are  persons  whose  work  is  to  pre- 
pare documents  and  instruments  in  judicial  causes. 
They,  like  advocates,  are  either  practical  or  titular. 
Active  notaries,  or  those  in  practice,  either  perform 
work  in  the  various  tribunals  to  which  they  are  reg- 


AGENTS   IN   ROME.  269 

ularly  attached,  or  have  offices  in  different  parts  of 
the  city,  so  that  they  may  be  easily  reached  by  pri- 
vate individuals  who  need  their  services.  There  is 
a  college  of  notaries  specially  attached  to  the  tri- 
bunal of  the  Rota. 

All  notaries  of  the  Roman  Court  are  supposed  to 
know  how  to  draw  up  documents  and. instruments 
required  in  tribunals.  No  priest  can  act  as  a  notary 
public,  except  such  work  is  necessary  that  he  may 
obtain  a  living-.  Titular  notaries  are  those  who 
lend  their  services  to  other  notaries  until  they  them- 
selves happen  to  obtain  the  position  of  notary  public. 

294.  Besides  advocates,  procurators  and  notaries 
there  are  also  solicitors  or  AGENTS  connected  with 
the  Roman  Court,  who  act  for  private  parties  and 
are  paid  by  them  for  all  services  rendered.  These 
agents  are  employed  by  bishops  and  others,  either 
temporarily  or  perpetually,  to  look  after  their  inter- 
ests in  Rome.  Whenever  any  work  is  to  be  done  or 
information  obtained,  these  agents  or  solicitors  go 
to  the  various  Congregations  or  tribunals,  urge  the 
requests  of  their  employers  and  generally  succeed  in 
getting  what  they  seek. 

295.  Solicitors  or  agents  are  recognized  by  the 
Roman  Court  to  such  an  extent  that  it  is  quite  nec- 
essary to  do  business  through  them  and  not  by  let- 
ter. They  urge  matters  and  spend  money  in  accord- 
ance with  the  directions  of  those  whom  they  repre- 
sent. When  dispensations,  faculties,  or  other  favors 
are  to  be  obtained  from  the  Datary  or  some  Congre- 
gation, they  prepare  the  application,  call  for  the 
rescripts,  pay  the  tax  if  any  is  required  and  forward 
the  letters  to  their  employers.     A"  careful,    prudent, 


270  THE   ROMAN   COURT. 

active  agent,  who  stands  well  with  the  officials  of 
the  various  Congregations  and  tribunals,  is  a  great 
help  to  bishops  and  other  persons  who  have  business 
in  the  Roman  Court  and  cannot  attend  to  it  person- 
ally. The  charges  of  these  agents  do  not  seem 
extravagant;  but  a  little  extra  money  induces  them 
to  urge  cases  more  strenuously,  and  helps  to  preclude 
the  excessive  delays  which  are  so  annoying  to  the 
American  character. 


PART    THIRD. 


Prelates,   Legates,    Vicars  Apostolic, 
Protonotaries. 


CHAPTER  I. 

PRELATES  OE  THE  ROMAN  COURT. 

296.  After  the  cardinals,  prelates  hold  the  first 
place  in  the  Roman  Court.  They  in  g-eiieral  are 
called  prelates  who  are  preferred  and  placed  over 
others  in  honor  and  jurisdiction.  Patriarchs,  pri- 
mates, metropolitans,  bishops,  are  prelates  properly 
so  called,  because  they  take  precedence  by  virtue  of 
their  office  and  have  ordinary  jurisdiction  over 
inferiors.  All  other  prelacies  are  merely  an  imita- 
tion and  participation  of  this  episcopal  jurisdiction, 
and  pre-eminence  is  granted  their  incumbents  only 
by  special  privilege  of  account  of  the  office  they  fill. 

These  prelates  participate  in  episcopal  jurisdiction 
either  by  virtue  of  a  title  recognized  and  contained 
in  the  law,  or  because  of  a  special  and  express  dele- 
gation from  the  Sovereign  Pontiff.     The  former  are 

271 


272  THE   ROMAN   COURT. 

called  abbots  or  inferior  prelates,  the  latter  are 
known  as  vicars  apostolic.  By  ecclesiastical  insti- 
tution both  these  classes  have  ordinary  jurisdiction 
in  contentious  matters  and  are  therefore  really  pre- 
lates. In  a  broad  sense  any  cleric  who  has  the  care 
of  souls  may  be  called  a  prelate,  as  is  proved  by 
Cap.  Tua  Nos.  4,  De  Clerico  Aeg-rotante;  and  in  the 
same  way  those  who  have  greater  prerogative  with- 
out jurisdiction,  such  as  parish  priests,  deans  of 
chapters,  archpriests  are  known  as  prelates.  But 
in  the  usual  acceptation  of  this  term,  none  but  them 
who  have  ordinary  and  contentious  jurisdiction  over 
others  may  be  called  prelates. 

297.  A  parish  priest  has  no  such  jurisdiction;  his 
is  confined  to  the  internal  forum,  that  of  conscience. 
A  rural  dean,  likewise,  has  no  jurisdiction  in  conten- 
tious matters,  nor  any  authorit}r  whatever  over  the 
clergy  of  his  district.  Neither  has  he  any  prece- 
dence over  them  except  only  in  those  acts  wherein 
he  is  the  delegate  of  the  bishop.  '  'Any  custom  to  the 
contrary  is  an  abuse."  Zittelli,  Apparatus  Juris 
Can,  page  7^7;  Craisson,  Manuale,  No.  634.  The 
Sacred  Congregation  of  Rites  in  at  least  sixteen 
decisions,  given  to  different  countries  and  made  of 
universal  application,  has  decreed  that,  "a  vicar 
forane  or  dean  by  reason  of  that  office  has  no  prece- 
dence in  choir,  in  sessions,  in  processions  and  in  other 
acts  and  ecclesiastical  functions  over  other  parish 
priests,  canons  and  priests  older  and  more  worthy 
than  himself;  but  the  vicar  or  dean  must  stand,  sit 
and  walk  in  the  place  of  his  reception  and  dignity, 
just  as  if  he  were  not  a  vicar  forane  or  dean,  both 
with  the  cotta  and  without  it,   ncttyjUhstanding-  any 


MANS  HAVE}   NO  PRECEDENCE}.  273 

and  every  order  of  the  bishop  to  the  contrary;  except 
only  in  those  congregations  or  conferences  which  are 
held  each  month  by  order  of  the  bishop,  in  which  as 
the  delegate  of  the  bishop  he  should  precede  all,  but 
not,  however,  in  the  procession,  Mass  and  other  acts 
which  take  place  before  or  follow  the  conference." 
And  in  another  decree,  intending-  to  eliminate  even 
the  custom,  the  same  Sacred  Congregation  ordered 
the  observance  of  the  above  decree,  ''notwithstand- 
ing any  and  every  custom  to  the  contrary."  Ferra- 
ris, sub  verbo  Vicar  ins. 

Neither  the  Second  nor  the  Third  Plenary  Coun- 
cil of  Baltimore  (II.  Cone.  No.  74;  III.  Cone.  Nis. 
27-40,)  contains  anything  which  should  be  held  to 
disagree  with  these  decisions.  On  the  contrary  all 
these  decisions  having  been  made  after  the  estab- 
lishment of  deans  by  St.  Charles  Boromeo — whose 
statutes  are  quoted  in  the  Baltimore  Council  as  the 
foundation  for  its  decrees,  or  rather  suggestions — 
these  Baltimore  decrees  should  therefore  be  inter- 
preted to  harmonize  with  the  explicit  ruling  of  the 
Sacred  Congregation  which  binds  the  universal 
Church. 

298.  Besides  the  prelates  and  inferior  prelates 
mentioned  above,  there  are  in  the  Roman  Court  cer- 
tain officials  who  by  the  express  will  of  the  Sover- 
eign Pontiff  are  decorated  with  the  title  and  dignity 
of  prelates.  Those  who  obtain  this  dignity  have  a 
great  prerogative,  so  much  so  that  they  can  by  ordi- 
nary or  delegated  power  act  for  the  Roman  Pontiff. 

To  obtain  a  prelacy  by  right  in  the  Roman  Court 
it  is  necessary  for  the  candidate  to  make  studies  cov- 
ering a  period  of  years,    and  have  an  annual  income 


274  THE   ROMAN   COURT. 


of  at  least  a  thousand  dollars.  Pope  Benedict  XIV. 
established  a  pontifical  academy  for  noble  ecclesias- 
tics wherein  ecclesiastical  diplomacy  and  political 
science  are  taught,  and  from  which  students  are 
graduated  into  prelatures. 

299.  Besides  these  ecclesiastics  who  earn  their 
dignity,  there  are  a  large  number  of  others  whom 
the  Sovereign  Pontiff  decorates  with  the  title  and 
dignity  of  prelate,  either  because  of  the  offices  they 
fill  in  the  various  Congregations  and  tribunals  of 
the  Roman  Court,  or  because  of  the  favor  and  honor 
he  wishes  to  bestow  on  the  recipients  or  their  friends. 
Thus  it  happens  that  many  prelates  of  the  Roman 
Court  live  away  from  Rome  and  never  even  see  the 
Court  to  which  they  belong.  Their  prelacy,  as 
such,  gives  them  no  jurisdiction  over  clergy  or  laity, 
but  only  dignity  and  precedence  according  to  the 
class  of  prelates  to  which  they  belong.  Prom  this 
it  will  be  noticed,  that,  like  the  cardinals,  Roman 
prelates  are  a  special  institution  peculiar  to  the 
Roman  Court. 

300.  Precedence  is  strictly  observed  in  the  Roman 
Court,  and  its  rules  are  applicable  to  the  universal 
Church.  After  the  Pope,  the  cardinals  of  the  Holy 
Roman  Church  take  precedence  over  all  without  any 
exception.  Even  if  they  have  not  the  episcopal 
character,  nevertheless  because  of  the  sublime  dig- 
nity of  their  office,  they  rank  before  all  bishops, 
archbishops,  primates,  patriarchs  and  legates  of  the 
Apostolic  See.  This  seemed  hard  to  Henry,  arch- 
bishop of  Canterbury,  primate  of  England  and 
legate-natus  of  the  Holy  See;  and  accordingly  he 
refused   precedence    to   John    Kemp,    archbishop  of 


Rur.Es  of  precedence.  275 

York,  who  had  been  created  cardinal  by  Pope 
Eugene  IV.  This  refusal  occasioned  the  celebrated 
letter  of  Pope  Eugene  IV.,  mentioned  in  the  first 
part  of  this  work,  wherein  he  treated  extensively 
the  cardinalitial  dignity  and  assigned  it  the  highest 
place  in  the  Church,  next  to  the  papacy.        # 

Later,  in  the  year  1449,  the  archbishop  of  Gneisen, 
the  primate  of  Poland,  contended  for  the  prerogative 
of  place  with  Cardinal  Sbigneo,  the  bishop  of 
Cracow,  but  Pope  Nicholas  V.  again  decided  in 
favor  of  the  cardinal.  Precedence  among  the  cardi- 
nals themselves  is  regulated  by  the  order  of  cardinal- 
bishop,  cardinal-priest  or  cardinal-deacon  to  which 
they  belong  and  seniority  in  creation. 

301.  After  the  College  of  Cardinals,  the  college 
of  patriarchs,  archbishops  and  bishops  who  are 
assistants  at  the  pontifical  throne  comes  next  in  rank 
in  the  Roman  Court.  This  college  consists  at  present 
of  nine  patriarchs,  sixty-four  archbishops  and 
eighty-nine  bishops  of  residential  or  titular  sees  in 
different  parts  of  the  world.  To  be  made  an  assist- 
ant at  the  pontifical  throne  is  a  special  favor,  and 
gives  precedence  in  papal  ceremonies  over  those  of 
equal  rank  in  the  hierarchy.  In  other  respects 
seniority  of  promotion  for  archbishops  and  of  conse- 
cration for  bishops  is  the  criterion  of  precedence. 
No  distinction  is  now  made  on  this  point  between 
the  incumbents  of  residential  and  of  titular  sees. 

302.  There  are  eighty-six  titular  archbishoprics 
and  four  hundred  and  thirty-four  titular  bishoprics 
which  the  Holy  See  is  accustomed  to  confer,  in  order 
that  the  persons  thus  promoted  may  fill  important 
offices  in  the  Roman  Court,  or  act  as  auxiliary  and 


276  THE)  ROMAN  COURT. 

coadjutor  bishops  to  the  incumbents  of  residential 
sees  throughout  the  world.  Besides  these,  the 
Propaganda  has  two  titular  archbishoprics  and 
twenty-seven  titular  bishoprics  which,  with  the  con- 
sent of  the  Sovereign  Pontiff,  it  confers  on  persons 
subject  to  it,  who  are  to  act  as  coadjutors,  or  who 
have  resigned  their  residential  sees  in  missionary 
countries. 

From  the  titular  archbishops  thus  promoted  by 
the  Holy  See,  apostolic  nuncios  and  delegates  are 
chosen  for  various  countries,  and  the  secretaryships 
of  the  more  important  Congregations  of  Cardinals 
are  filled. 

303.  After  the  college  of  patriarchs,  archbishops 
and  bishops  who  assist  at  the  pontifical  throne,  the 
vice-chamberlain  of  the  Holy  Roman  Church,  the 
two  princes  who  assist  at  the  throne,  the  auditor 
general  of  the  Reverend  Apostolic  Camera,  the 
treasurer  and  the  major-domo  of  His  Holiness  take 
precedence  in  the  order  mentioned.  To  them  succeed 
in  the  order  of  promotion  and  consecration  the  arch- 
bishops and  bishops,  both  residential  and  titular, 
of  the  Church  throughout  the  world.  Following 
them  comes  the  college  of  protonotaries  apostolic 
according  to  the  order  of  their  admission,  first  they 
of  the  number  participating  and  then  the  supernum- 
aries  like  to  those  participating.  There  are  seven  of 
the  former  and  two  hundred  and  six  of  the  latter 
scattered  throughout  the  different  countries  of  the 
world. 

After  the  college  of  protonotaries  come  the  com- 
mendator  of  the  Holy  Spirit,  the  regent  of  the 
Apostolic  Chancery,  the  abbot  general  of  the  regu- 


PRECEDENCE  AT  COURT.  277 

lar  canons  of  the  Lateran,  the  abbots  general  of  the 
monastic  orders,  the  generals  and  the  vicars  general 
of  the  mendicant  orders. 

304.  The  prelate  auditors  of  the  Roman  Rota  come 
next,  followed  by  the  domestic  prelates  of  the  Cam- 
era, the  domestic  prelates  voting  and  the  referees  of 
the  Signature  of  Justice,  the  prelate  abbreviators  of 
the  Larger  Room  of  the  Chancery  and  the  domestic 
prelates  who  do  not  belong  to  the  foregoing  colleges. 
Of  these  last  there  are  at  present  two  hundred  and 
twenty-four,  most  of  whom  live  outside  of  Rome  and 
have  received  this  prelacy  as  a  favor  to  themselves 
or  their  friends.  All  these  are  addressed  as  "Right 
Reverend."  Then  come  the  private  chamberlains 
participating  and  the  officers  of  the  noble  pontifical 
guard,  none  of  whom  are  clerics. 

The  Very  Reverend  supernumerary  private  cham- 
berlains, of  whom  there  are  six  hundred  and  thirty 
in  the  different  dioceses  of  the  world,  then  take  rank, 
followed  by  three  hundred  and  twenty  supernumer- 
ary private  chamberlains  of  the  sword  and  cape  who 
are  not  clerics.  Next  to  them  come  the  two  hundred 
and  twenty  Very  Reverend  chamberlains  of  honor  in 
Abito  Pavoyiazzo,  and  two  hundred  and  five  Very 
Reverend  chamberlains  of  honor  living  outside  of 
Rome. 

Then  come  four  chamberlains  of  honor  of  the 
sword  and  cape,  and  one  hundred  and  eight  super- 
numeraries, none  of  whom  are  clerics.  There  are, 
moreover,  six  private  chaplains  and  forty-eight  hon- 
orary private  chaplains,  besides  ninety  honorary 
chaplains  who  reside  outside  of  Rome.  Two  private 
clerics,  six  common  chaplains  with  twelve  supernum- 


278  THE   ROMAN   COURT. 

eraries  complete  the  pontifical  family,  all  of  whom 
may  participate  in  papal  ceremonies,  and  are  properly 
addressed  "Very  Reverend." 

305.  All  the  clerics  mentioned  above  are  prelates 
of  the  Roman  Court,  and  as  such  have  personal  pre- 
eminence in  any  and  every  diocese  of  the  world. 
They  are  in  dig-nity  and  therefore  capable  of  receiv- 
ing- and  executing-  papal  commands.  Pontifical  let- 
ters may  be  addressed  to  them,  but  rarely  are  they 
sent  to  any  of  the  inferior  clergy. 

The  vicar  general  of  the  diocese  wherein  these 
prelates  live,  even  though  not  a  prelate,  takes  pre- 
cedence over  them  all,  because  he  is  in  dignity  on 
account  of  his  office,  and,  through  communication  of 
certain  rights,  by  law  participates  with  the  bishop 
in  ruling-  the  whole  diocese.  Because,  however, 
Roman  prelates  according*  to  their  grade  have  per- 
sonal pre-eminence,  a  petition  was  introduced  in  the 
Vatican  Council  requesting  that  the  honorary  titles 
and  privileges  of  the  Roman  Court,  such  as  of 
chamberlains,  protonotaries,  missionaries  apostolic, 
should  not  be  conferred  on  priests  living  outside  of 
Rome,  unless  their  ordinaries  were  first  consulted. 

306.  It  may  not  be  useless  to  give  the  approved 
forms  used  in  the  Roman  Court  in  addressing  pre- 
lates and  inferior  clergy;  for  a  knowledge  of  them 
may  preclude  the  confusion  and  embarrassment 
which  are  often  experienced  in  this  matter. 

The  Pope  is  entitled  "His  Holiness;"  a  cardinal, 
"His  Eminence."  A  patriarch  is  called,  "His 
Excellency  the  Most  Reverend."  A  primate  or 
archbishop  is  entitled  "Most  Reverend,"  and  in 
Latin,        "Illuslrissimus       et      Reverendissimus." 


USE   AND   ABUSE   OF   TITLES.  279 

Apostolic  delegates  and  nuncios  are  addressed 
according"  to  their  rank  as  archbishop,  with  the 
addition,  generally,  of  apostolic  delegate  or  nuncio. 
A  bishop  is  called  "Right  Reverend,"  and  in  Latin, 
" Illasirissimtis  et  Reverendissimus"  the  same  as 
an  archbishop.  Abbots  or  inferior  prelates  having 
-jurisdiction  are  entitled  "Right  Reverend",  and  in 
Latin,  ! ' Reverendissimus. ' ' 

Protonotaries  apostolic  and  domestic  prelates  of 
the  Pope  are  called  "Right  Reverend"  or  "Mon- 
signor,"  and  in  Latin,  "Reverendissimus."  In  Rome 
the  title  "Monsignor"  is  given  to  all  prelates  above 
these  classes,  except  to  cardinals  and  abbots.  It  is 
also  given  to  private  chamberlains  and  chaplains  of 
the  Pope,  although  in  English  these  are  entitled 
"Very  Reverend,"  and  in  Latin,  "Admodum  Rever- 
endus."  Administrators  of  vacant  dioceses,  vicars 
general,  provosts,  archpriests,  canons  of  cathedral 
chapters,  heads  and  provincials  of  religious  orders, 
and  priors  of  priories  are  by  right  entitled  to  the 
appellation  "Very  Reverend."  By  courtesy  some 
others,  such  as  priors  of  monasteries  over  which 
abbots  preside,  rectors  and  local  superiors  of  relig- 
ious houses,  presidents  or  heads  of  seminaries,  are 
properly  addressed  "Very  Reverend." 

Doctors  of  divinity  or  of  law,  vicars  forane  or 
rural  deans,  presidents  of  colleges,  diocesan  consul- 
tors,  examiners  of  the  clergy,  chancellors  or  secre- 
taries of  a  diocese,  fiscal  procurators  and  others 
along  with  simple  priests,  have  no  claim  to  be  styled 
"Very  Reverend."  These  and  all  others  in  priest's 
or  deacon's  orders  should  be  styled  simply 
"Reverend." 


CHAPTER  II. 

LEGATES  OF    THE  APOSTOLIC   SEE. 

307.  An  apostolic  leg-ate  is  one  who  is  chosen  and 
sent  with  power  to  some  eminent  person  or  to  a  cer- 
tain province  in  order  to  administer  spiritual  affairs. 
He  can  be  sent  to  represent  either  the  person  of  the 
Pontiff  or  the  Apostolic  See.  Whatever  may  have 
been  former  usage,  to-day  all  legates  are  sent  in  the 
name  of  the  Holy  See,  and  therefore  their  power 
assumes  the  nature  of  ordinary  jurisdiction  and  con- 
tinues even  after  the  death  of  the  Pontiff  who  com- 
missions them. 

The  right  to  send  legates  for  spiritual  affairs  into 
any  and  every  part  of  the  world  is  a  necessary  con- 
sequence of  the  primacy  of  the  Sovereign  Pontiff. 
The  Roman  Pontiff  has  ordinary  and  immediate 
jurisdiction  over  the  whole  flock  of  Christ,  both 
pastors  and  people.  Therefore  not  only  may  he 
teach  and  guide  this  flock  on  extraordinary  occasions, 
and  through  the  local  bishops,  but  his  duty  of  pri- 
macy implies  that  he  should  constantly  have  a  watch- 
ful care  over  the  universal  Church  of  which  he  is  the 
bishop.  Still  the  Roman  Pontiff  is  not  the  only 
bishop  in  the  Church;  there  are  also  local  bishops 
set  over  particular  churches.  Both  these  bishops 
have  ordinary  jurisdiction  over  the  same  people, 
which  though  concurrent  is  nevertheless  not  conflict- 

280 


LEGATES   AND   BISHOPS.  281 

ing.  While  the  authority  of  the  Roman  Pontiff  is 
supreme,  still  it  does  not  absorb  or  destroy  that  of 
the  bishop  set  over  a  particular  diocese.  Each  local 
bishop  has  his  proper  work,  for  which  he  has  full 
and  efficacious  authority. 

308.  It  is  precisely  this  double  jurisdiction  that 
insures  unity  in  the  Church.  The  vivif3nng  spirit  of 
the  primacy,  penetrating-  not  only  the  chief  but  every 
member  of  the  body  of  Christ,  is  the  cause  of  the 
wonderful  vitality  and  harmony  of  action  which  dis- 
tinguish the  Catholic  Church  from  every  other 
organization  known  to  man.  The  obligation  of  care- 
fully watching,  feeding-  and  g-uiding-  the  Church  in 
every  portion  of  the  world,  necessarily  implies  and 
g-ives  the  Sovereig-n  Pontiff  the  rig'ht  to  do  through 
others  what  he  cannot  perform  himself.  Hence 
Pope  Pius  VI.  writing-  on  nunciatures  to  four  Ger- 
man archbishops  says  that,  "the  Roman  Pontiff  ful- 
fils the  apostolic  duty  of  caring-  for  the  universal 
flock  by  deleg-ating-  ecclesiastical  men,  either  perma- 
nently or  temporarily  as  he  judg-es  best,  and  order- 
ing- them  to  take  his  place  in  distant  reg-ions  and 
there  exercise  the  same  jurisdiction  which  he  himself 
if  present  would  exercise."  Hence  apostolic  leg-ates 
are  sent  to  exercise  the  authority  of  the  Sovereig-n 
Pontiff  in  as  far  as  it  is  communicated  to  them. 
They  are  not  sent  to  grasp  and  exercise  the  authority 
of  local  bishops.  On  the  contrary,  just  as  the  ordi- 
nary jurisdiction  of  the  Sovereign  Pontiff  and  of  the 
local  bishop  are  concurrent  and  harmonious,  so  also 
must  the  authority  of  apostolic  legates  and  the  au- 
thority of  local  bishops  mutually  sustain  each  other. 

309.  The   apostolic    right   of   sending   permanent 


282  THE   ROMAN  COURT. 

legates  with  ordinary  jurisdiction  was  strenuously 
opposed  in  the  year  1787  by  four  archbishops  of  Ger- 
many, those  of  Cologne,  Mayence,  Salzburg-  and 
Treves.  They  protested  against  the  establishment 
of  an  apostolic  nunciature,  and  in  letters  addressed 
to  Pope  Pius  VI.  and  to  their  suffragan  bishops 
claimed  that,  "they  had  fulfilled  all  their  duties  as 
pastors  of  the  churches  over  which  they  had  charge, 
and  therefore  the  Pope  was  not  justified  in  extending 
to  their  churches  the  extraordinary  rights  of  the  pri- 
macy; and  consequently,  as  the  Pope  had  no  right  to 
send  legates,  so  they  were  in  no  way  obliged  to  re- 
ceive them  and  permit  the  exercise  of  their  powers  to 
the  detriment  of  their  own  ordinary  jurisdiction  over 
the  flocks  divinely  intrusted  to  their  watchful  care." 
Eesfonsio  super  Nunciaturis,    Cap.  18,  No.  6. 

Pope  Pius  VI.,  however,  in  reply  to  their  preten- 
sions issued  his  celebrated  letter  On  Nunciatures, 
in  which  he  teaches,  "that  the  Roman  Pontiff  has  a 
right  to  have  some  persons,  particularly  in  distant 
places,  who  may  represent  him  in  his  absence;  who 
may  exercise  jurisdiction  and  authority  conferred 
upon  them  by  permanent  delegation,  and  who,  in  a 
word,  may  take  the  Pontiff's  place."  Moreover,  he 
teaches  that,  "the  Roman  Pontiff  has  this  right  by 
the  very  reason  and  nature  of  the  primacy;  by  the 
constant  discipline  of  the  Church  even  from  the  first 
ages;  by  the  authority  of  ecclesiastical  and  imperial 
laws,  and  by  the  common  opinion  of  canonists  and 
lawyers,  especially  Germans  and  Protestants." 

310.  In  the  early  history  of  the  Church  we  find 
two  kinds  of  pontifical  legates,  the  apocrisarioi  or 
responsales,   and  the  apostolic  vicars.     The    former 


LEGATES  IN  EARLY  AGES.         283 

were  sent  to  the  emperors  at  Constantinople,  and 
later  also  to  other  princes;  the  latter,  or  apostolic 
vicars,  were  delegated  to  act  for  and  represent  the 
Roman  Pontiff  in  certain  countries  of  the  world. 
The  original  and  chief  duty  of  the  apocrisarioi  was 
to  treat  with  the  emperor  or  prince  concerning  a 
matter  of  interest  to  the  Roman  Pontiff,  and  to 
deliver  to  the  Pontiff  the  reply  received.  Their 
position  was  of  great  importance  and  highest  honor; 
but  from  extant  documents  it  cannot  fully  be  shown 
that  these  legates  had  ordinary  and  permanent  juris- 
diction in  spiritual  matters. 

311.  Although  Hincmar,  a  writer  of  the  ninth 
century,  says:  "The  ministry  of  the  apocrisarius 
began  at  the  time  when  Constantine  the  Great 
erected  his  throne  in  his  city  which  before  was  called 
Bizantium;  and  thus  the  responsales  of  the  Roman 
See  as  well  as  of  other  principal  sees  kept  watch  in 
the  palace  in  regard  to  ecclesiastical  affairs;"  still 
the  earliest  documents  extant  in  regard  to  the 
apocrisarioi  are  contemporary  only  with  the  Council 
of  Calcedon*  held  in  the  year  451,  a  century  and  a 
quarter  after  the  removal  of  the  emperor  to  Constan- 
tinople. These  documents  are  letters  of  Pope 
St.  Leo  in  which  he  appoints  Julian,  bishop  of  Cos 
in  the  Archipelago,  his  representative  to  the 
Emperor  Marcian,  "because  he  was  a  man  brought 
up  by  the  Holy  See  and  imbued  with  its  spirit  and 
doctrine." 

In  the  Mig*ne  collection,  letters  111,  112,  113  of 
Pope  St.  Leo  concern  this  appointment  of  the  apos- 
tolic legate  to  the  court  of  Constantinople. 
Bishop  Julian  receives  his  appointment  in  letter  113, 


284  THE   ROMAN  COURT. 

while  his  credentials  are  given  in  letter  111  ad- 
dressed to  the  emperor,  and  in  letter  112  a  strong- 
recommendation  is  made  in  his  favor  to  the  Empress 
Pulcheria.  The  pontifical  letter  to  the  emperor 
commends  Julian,  and  requests  that  he  be  received 
and  properly  treated;  "for,"  says  the  Pope,  "confi- 
dent of  the  sincerity  of  his  faith  I  have  delegated  to 
him  my  office  against  the  heretics  of  the  time." 

312.  In  this  way  special  legates  were  appointed 
from  time  to  time,  but  while  a  shadow  of  imperial 
power  remained  in  the  West,  and  while  Theodoric 
and  other  Gothic  kings  were  dominating-  Italy,  there 
was  no  special  reason  for  having-  apocrisarioi  in  Con- 
stantinople; in  fact  it  was  more  necessary  for  the 
Popes  to  have  them  in  the  courts  of  the  western  con- 
querors. In  the  meantime,  however,  the  bishop  of 
Constantinople  acted  as  apocrisarius  for  the  Roman 
Pontiff,  until  a  disagreement  arose  because  of  the 
schism  of  Acacius.  Later,  however,  when  the  Em- 
peror Justinian  conquered  the  Goths  and  subjugated 
the  greater  part  of  Italy,  Pope  Ag-apetus  sent  one  of 
his  deacons,  named  Pelag-ius,  to  Constantinople  to 
remain  in  the  imperial  palace  and  act  as  apocrisarius 
and  nuncio.  The  Pope  himself  while  in  Constanti- 
nople had  seen  the  advantag-e  of  having-  such  a  leg-ate 
residing-  permanently  at  court,  especially  after  Rome 
ag-ain  had  come  into  possession  of  the  emperors.  In 
a  few  years  the  power  of  the  apocrisarius  at  Con- 
stantinople became  illustrious  and  a  stepping--stone 
to  the  papacy.  For  Pope  Virg-ilius  was  succeeded 
by  Pelag-ius,  and  later  Pelag-ius  II.  was  succeeded  by 
Greg-ory  the  Great,  whom  he  had  sent  as  apocrisarius 
to  Constantinople.     Greg-ory  in  turn  sent  his  leg-ate; 


LEGATES   IN   THE   EAST.  285 

but  soon  he  was  obliged  to  prohibit  him  from  assist- 
ing at  the  Mass  of  the  patriarch  of  Constantinople 
unless  the  latter  reformed.  For  this  reason  it  hap- 
pened that  the.apocrisarius  of  the  Pope  was  with- 
drawn from  court,  and  for  a  while  none  of  the  Roman 
clergy  could  be  induced  to  go  to  Constantinople, 
because  of  the  abuse  received  by  former  legates. 

313.  Under  Phocas,  Pope  Gregor}7  the  Great  was 
persuaded  to  send  a  legate  named  Boniface  whom  he 
ordained  deacon  for  the  purpose.  This  legate  after- 
wards succeeded  Pope  Sabian,  who  himself  had  been 
apocrisarius  under  Pope  Gregory  but  had  been 
recalled  because  of  the  exasperating  conduct  of  the 
Emperor  Mauritius.  An  interruption  again  oc- 
curred after  Pope  St.  Martin  was  ignominiously 
treated  by  the  Emperor  Constantine,  the  Monothe- 
list,  and  it  continued  until  Constantine  Pogonatus, 
having  restored  the  integrity  of  Catholic  faith  in  the 
East,  begged  Pope  Leo  II.  to  restore  former  rela- 
tions and  send  a  legate  "to  live  in  the  imperial  city 
and  to  act  for  and  represent  the  person  of  His  Holi- 
ness in  doctrinal  and  disciplinary  and  all  ecclesi- 
astical affairs."  In  response  the  Pope  sent  as  apoc- 
risarius a  sub-deacon  who  had  been  one  of  his  legates 
in  the  (Ecumenical  Council  held  at  Constantinople 
in  the  year  680,  in  which  the  Monothelites  were  con- 
demned. This  request  of  the  emperor  insinuates 
that  the  legates  of  the  Pope  at  Constantinople  had 
ample  and  permanent  jurisdiction. 

The  fury  of  the  Iconoclastic  emperors  soon  again 
interrupted  friendly  relations  so  that  no  papal 
legates  resided  in  the  imperial  court  thereafter, 
except  once  in  the  year  743  under  Constantine  Cop- 


286  THE  ROMAN   COURT. 

ronymus.  But  when  later  the  western  empire  was 
revived  under  Charlemagne,  the  apocrisarioi  or  nun- 
cios again  appeared. 

314.  The  second  kind  of  pontifical  legates  known 
to  the  early  church  are  the  vicars  apostolic.  Prom 
the  first  ages  the  Roman  Pontiffs  had  their  vicar  in 
Illyria,  usually  the  bishop  of  Thessalonica,  who  in 
their  name  exercised  jurisdiction  over  all  the  bishops 
and  archbishops  of  that  country.  This  vicariate 
must  be  of  very  ancient  origin,  for  it  is  mentioned  as 
an  ancient  institution  by  Pope  Innocent  L,  when  in 
the  year  412  he  appoints  Rufus  his  vicar  and  states 
that  he  does  this  in  imitation  of  his  predecessors. 
Even  before  this  he  had  written  to  Bishop  Anysius, 
the  apostolic  vicar  whom  Rufus  succeeded,  a  letter 
confirming  his  appointment  as  vicar,  which  he  says 
had  been  made  by  his  predecessors,  Damasus,  Siri- 
cius  and  Anastasius.  Hence  Pope  Damasus  is  said 
to  have  established  this  vicariate.  Collectio  Hol- 
stenii,fg\  4.5.  In  the  same  way  St.  Sixtus  III.  in  the 
year  431  writes  that,  "he  has  given  his  vicar,  the 
bishop  of  Thessalonica,  nothing-  new,  but  only  the 
same  that  his  predecessors  had  given  to  the  prede- 
cessors of  the  vicar." 

315.  Moreover  in  all  these  letters  the  Roman 
Pontiffs  write  "as  primates  of  the  universal  Church," 
and  refer  to  the  obligation  incumbent  on  them  of 
caring  for  the  whole  flock  of  Christ.  The  jurisdic- 
tion also  of  the  apostolic  vicar  was  most  ample  both 
in  gracious  and  contentious  matters;  for  he  had  the 
right  to  visit  churches,  to  examine  and  approve 
candidates  for  the  episcopate,  to  examine  and  conse- 
crate   metropolitans,   to  convoke  councils   and   send 


POWERS   OF   EARLY   LEGATES.  #         287 

their  acts  to  Rome  for  confirmation,  to  give  metro- 
politans leave  of  absence,  to  receive  reports  concern- 
ing- what  bishops  and  priests  were  doing;,  to  receive 
and  forward  petitions  to  the  Holy  See,  to  hear  in  the 
first  instance  all  major  causes,  to  hear  and  decide 
all  controversies  between  bishops,  and  finally  to 
judge  all  and  every  cause  which  one  might  have 
against  a  bishop.  Super  Nunciaturis  Cap.  8, 
No.  53. 

These  faculties  of  the  apostolic  vicar  of  Thessa- 
lonica  were  so  ample  that  they  comprehended  every 
cause;  and  as  they  covered  every  cause  so  they  in- 
cluded all  the  faithful  and  all  bishops  and  metro- 
politans. Moreover  the  sanction  of  excommunica- 
tion was  attached  to  disobedience  and  contumacy, 
though  it  was  scarcely  necessary  to  apply  it,  since 
the  bishops  recognized  and  obeyed  the  delegated 
authority  of  the  apostolic  vicar.  If  later  some 
applied  to  the  Emperor  Theodosius  and  asked  him 
to  change  the  vicariate  to  the  see  of  Constantinople, 
neither  their  action  nor  that  of  the  emperor  had  any 
effect;  for  the  Roman  Pontiffs  continued  delegating 
the  bishop  of  Thessalonica  as  their  vicar. 

316.  Very  similar  to  the  vicariate  of  Illyria  was 
that  of  Aries  in  Gaul,  whether  we  consider  its  name 
and  title,  or  the  time  and  reason  of  its  institution. 
It  was  established  by  the  Popes  as  primates  of  the 
universal  Church,  and  for  the  reason  that  they  were 
unable  personally  to  visit  and  care  for  such  a  dis- 
tant region.  The  letters  of  Pope  Hilary  in  the  year 
461  and  of  Pope  Symachus  in  the  year  498,  addressed 
to  the  bishop  of  Aries,  suppose  at  that  time  the  long- 
continued  establishment  of  the  vicariate  with  ample 


288  THE   ROMAN   COURT. 

jurisdiction  over  both  the  faithful  and  the  bishops 
and  metropolitans. 

In  the  fifth  century  Pope  Sitnplicius  made  Zeno, 
the  bishop  of  Seville,  his  apostolic  vicar  for  all 
Spain;  and  in  the  year  514  Pope  Hormisdas  added 
Portugal  to  the  vicariate  of  Seville  already  estab- 
lished with  ample  powers. 

The  same  Pope  Hormisdas  made  St.  Remigius, 
the  archbishop  of  Rheims,  his  vicar  apostolic  for  the 
territory  which  was  subject  to  Clovis.  St.  Boniface, 
the  apostle  of  Germany,  was  commissioned  by  Greg- 
ory II.  an  extraordinary  vicar  apostolic,  but  after  he 
established  the  sees  of  Cologne  and  Mayence,  by  three 
succeeding-  Popes  he  was  made  vicar  apostolic  with 
ordinary  and  permanent  authority  over  all  Germany. 

317.  The  vicariate  of  Sicily  is  of  equally  ancient 
origin;  but  this  difference  may  be  mentioned  regard- 
ing its  vicars  apostolic :  in  the  other  vicariates  a 
resident  bishop  was  usually  chosen  by  the  Roman 
Pontiff,  but  in  regard  to  Sicily  not  unfrequently  a 
cleric  was  sent  from  Rome  to  act  as  vicar  apostolic 
and  have  full  jurisdiction  over  all  bishops.  Thus 
St.  Gregory  the  Great  sent  a  sub-deacon  named 
Peter  to  act  as  his  vicar  and  committed  to  him  the 
right  to  rule  all  the  churches  of  Sicily  as  vicar  of 
the  Apostolic  See. 

The  apostolic  legation  in  Sicily,  which  was  called 
"reg-ia  monarchic"  endured  through  all  changes 
to  the  time  of  Pope  Pius  IX.  But  he  by  a  constitu- 
tion made  in  .1864,  and  published  October  10,  1867, 
entirely  abolished  the  legation  with  its  judge,  minis- 
ters and  officials  and  assigned  a  method  of  trial  for 
the  causes  formerly  brought  before  it. 


LEGATES-BORN.  289 

318.  The  vicariates  in  the  course  of  time  became 
weakened,  though  they  were  still  continued  or 
revived  between  the  ninth  and  fifteenth  centuries. 
That  of  Sicily  continued,  while  that  of  Aries,  which 
had  depreciated,  was  restored  in  the  year  1056  when 
Rambold,  the  archbishop,  was  made  vicar  of  Pope 
Victor  II.  and  in  that  capacity  presided  over  the 
Council  of  Toulouse.  But  if  the  vicariates  became 
rarer,  primacies  became  more  frequent;  so  that, 
because  the  metropolitans  of  certain  sees  had  again 
and  again  been  appointed  apostolic  vicars,  these  sees 
became  primatial  and  acquired  the  rights  of  vicari- 
ates. Such  primatial  sees  were  known  as  "legations- 
born"  and  their  incumbents  were  "legates-born"  of 
the  Apostolic  See.  Legates-born  were  the  bishops 
of  Aries,  Lyons,  Narbonne,  Toledo,  Mayence,  Salz- 
burg, Treves,  Bremen,  Prague,  and  others,  such  as 
the  bishops  of  Canterbury  and  York  in  England  and 
of  Piza  in  Italy.  These  legates  signed  themselves, 
even  in  administering  their  dioceses,  "Apostolic 
legates  by  the  favor  and  mercy  of  the  Apostolic  See." 

319.  Permanent  legates  of  this  kind  received  ex- 
tensive delegated  power  from  the  Holy  See  and  took 
precedence  over  all  other  metropolitans,  who  in  fact 
were  ordered  to  obey  them  as  they  would  the  Pope 
himself.  Since  they  represented  the  Roman  Pontiff, 
they  were  at  first  considered  judges  of  appeal,  and 
later  also  began  to  hear  greater  causes  in  the  first 
instance,  so  that  an  appeal  from  their  decision  lay 
only  to  the  Apostolic  See.  Legati-nati  were  obliged 
to  send  messengers  to  Rome  each  year  for  instruc- 
tions, and  they  themselves  were  supposed  to  visit  the 
Apostolic  See  every  three  years. 


290  THE   ROMAN   COURT. 

Their  power,  however,  was  so  ample,  that, 
wielded  as  it  sometimes  was  by  unworthy  men,  many 
abuses  ensued.  The  jealousy  of  the  ordinaries  also 
made  difficult  even  the  proper  exercise  of  their 
authority.  In  fact  so  strong-  was  the  opposition 
thus  developed,  particularly  in  the  eleventh  and 
twelfth  centuries,  that  the  Holy  See  was  obliged  to 
send  extraordinary  legates  a  latere  to  calm  the  minds 
of  the  metropolitans  and  temporarily  satisfy  their 
jealousy;  because  when  a  legate  a  latere  entered  a 
province  all  power  of  legates-born  was  in  abeyance 
and  continued  thus  until  the  extraordinary  legate 
left  again  for  Rome. 

320.  These  extraordinary  legates  were  sent  from 
Rome  not  unfrequently  at  the  request  of  the  legates- 
born,  who  professed  to  need  their  help  and  counsel. 
Thus  Pappo,  the  archbishop  of  Treves  and  legate- 
born  of  the  Apostolic  See,  about  the  year  1038, 
begged  Pope  Benedict  IX.  to  send  him  a  legate 
a  latere.  Legates  a  latere  were  always  sent  with 
most  ample  powers,  both  gratious  and  contentious; 
and  as  a  rule  even  from  antiquity  such  legates  were 
sent  by  the  Roman  Pontiffs  to  preside  in  their  name 
over  oecumenical  councils. 

The  bishops,  either  through  jealousy  that  others 
less  powerful  in  temporalities,  were  nevertheless  set 
over  them  in  spiritual  authority,  or  because  they 
desired  greater  freedom,  became  more  and  more 
alienated  from  the  native  apostolic  legates,  so  much 
so  that  Drugo,  the  bishop  of  Metz,  in  the  year  844, 
forced  by  many  vexations,  resigned  his  position  of 
vicar  or  legate,  "lest  being  an  offense  to  his  breth- 
ren and  fellow  priests  he  might  introduce  a  schism 


BISHOPS  AGAINST   LEGATES-BORN.  291 

into  Holy  Church."  The  same  occurred  in  the 
primacy  of  Lyons  and  in  the  primacies  or  legations 
of  other  kingdoms,  especially  in  Germany,  where 
emulation  was  so  strong-  that  the  bishops  declared 
they  would  receive  no  legate  except  he  came  from 
Rome  direct.  For  a  similar  reason  Bruno,  the 
archbishop  of  Treves,  in  the  year  1120,  visited  Pope 
Callixtus  II.  and  begged  him  to  free  the  province  of 
Treves  from  the  power  of  every  legate,  except  legates 
a  latere.  Arnold,  also,  the  archbishop  of  Cologne, 
in  the  year  1157,  requested  of  Eugene  III.  that  his 
province  should  be  subject  to  no  primate  or  legate- 
natus,  but  only  to  Holy  See  or  a  legate  a  latere. 

321.  For  such  reasons  the  power  of  native  legates 
was  allowed  to  wane,  and  soon  to  cease  entirely. 
The  consequence  was  that  innumerable  causes  which 
formerly  had  beeu  heard  and  decided  by  the  native 
legates,  as  vicars  of  the  Apostolic  See,  could  now  be 
heard  in  no  court  save  that  of  Rome.  Legates  a 
latere  were  sent  only  for  particular  business  and  for 
a  short  time;  therefore  they  could  decide  but  few 
such  causes  on  appeal.  The  delay,  the  trouble,  the 
expense  of  making  a  journey  to  Rome  had  never 
before  been  put  upon  litigants,  except  in  rare  and 
graver  causes.  For  from  the  first  ages  of  the 
Church,  as  was  said  above',  apostolic  vicars  residing 
in  the  provinces  and  later  legati-nati  heard  and 
decided  nearly  all  causes  on  appeal  from  the  diocesan 
or  metropolitan  courts. 

322.  Again,    therefore,     the   bishops   complained, 
and    with   them    princes    and    people.     They    had_ 
destroyed   the  native  tribunals,  but  could  not  bear 
the  consequences  of  their  act.     Rome  was  obliged  to 


292  TH£   ROMAN   COURT. 

find  a  remedy;  and  it  found  one.  For  the  Apostolic 
See,  after  all  its  endeavors  to  exercise  the  primacy 
through  native  vicars  apostolic  had  failed,  again 
introduced  the  former  practice  of  sending  from  Rome 
to  various  countries  certain  persons  agreeable  to  sec- 
ular princes  and  placed  in  ecclesiastical  dignity,  in 
order  that  they  might  act  as  apostolic  vicars  with 
ordinary  and  permanent  jurisdiction,  and  thus  rep- 
resent and  take  the  place  of  the  Roman  Pontiff. 

"The  metropolitans  were  unwilling  that  anyone  of 
themselves  should  have  the  right  of  perpetual  prece- 
dence, and  their  personal  ambition  and  mutual  jeal- 
ousy were  therefore  the  cause  and  the  reason  why 
the  Roman  Pontiffs  in  order  to  fulfil  the  duty  of  pri- 
macy, from  the  fifteenth  century  to  the  present  day, 
have  sent  from  their  own  Court  to  Germany,  Prance, 
Spain,  Portugal  and  other  kingdoms,  nuncios  for- 
eign to  the  country  and  attached  to  no  party,  but 
placed  in  dignity  and  acceptable  to  the  reigning 
princes.  Thus  ordinary  nunciatures  were  estab- 
lished at  Catholic  courts  and  in  chief  cities."  Pius 
VI.  Super  Nunciaturis,  No.  132. 

323.  With  the  establishment  of  these  nunciatures 
the  power  and  office  of  legates-born  ceased,  so  that 
nothing  is  left  to  former  primatial  sees  but  the 
name.  The  bishops  of  Cologne,  it  is  true,  and  Salz- 
burg, Prague  and  Greisen  still  retain  the  title  by 
consent  of  the  Holy  See,  but  it  gives  them  no  juris- 
diction. 

To-day  therefore  all  legates  of  the  Holy  See  are 
leg-ati  missi  or  sent  from  Rome.  They  are  of  two 
kinds;  cardinal  legates  a  latere,  and  nuncios  or  dele- 
gates.    Legate  is  a  general  term  which  comprehends 


LEGATIONS  OF   THE   EIRST    CLASS.  293 

every  person  sent  by  the  Apostolic  See  to  execute  a 
command.  When  formerly  legates-born  existed,  any 
leg-ate  sent  from  Rome,  whether  a  cardinal  or  not, 
was  called  a  legate  a  latere,  which  meant  sent  from 
the  side  of  the  Sovereign  Pontiff.  But  to-day  the 
term  legate  a  latere  is  used  only  when  a  cardinal  is 
sent  on  a  certain  extraordinary  mission.  Such  a 
mission  was  that  of  Cardinal  Caprara  to  Napoleon 
Bonaparte,  for  the  re-adjustment  of  ecclesiastical 
affairs  in  France.  In  earlier  times  cardinals  were 
often  sent  as  legates  a  latere  to  preside  at  general 
councils  held  outside  of  Rome. 

324.  Nunciatures  or  legations  are  of  two  classes. 
Those  of  the  first  class  are  at  the  capitals  of  greater 
nations  and  are  such  as  immediately  prepare  the  way 
to  the  cardinalate;  so  that  legates  are  usually  not 
recalled  from  them  except  to  receive  the  purple. 
Such  are  the  nunciatures  of  Austria,  Hungary, 
France,  Spain,  and  Portugal.  To  these  nunciatures 
we  may  add  the  American  legation,  if  the  words  of 
Pope  Leo  XIII.  receive  their  full  meaning;  for  he 
says  in  his  Enclyclical  to  the  American  bishops 
dated  January  6,  1895,  "When  the  Council  of  Balti- 
more had  concluded  its  labors  the  duty  still  remained 
of  putting,  so  to  speak,  a  proper  and  becoming 
crown  upon  the  work.  This  We  perceived  could 
scarcely  be  done  in  a  more  fitting  manner  than 
through  the  due  establishment  by  the  Apostolic  See 
of  an  American  legation.  Accordingly  as  you  are 
well  aware  We  have  done  this.  By  this  action,  as 
We  have  elsewhere  intimated,  We  have  wished,  first 
of  all,  'to  certify  that  in  our  judgment  and  affection 
America  occupies  the  same  place  and  rights  as  other 


294  THE   ROMAN   COURT. 

states  be  they  ever  so  mighty  and  imperial. "  These 
words  would  scarcely  be  true  if  the  American  lega- 
tion is  not  considered  one  of  the  first  class;  and  the 
Holy  Father's  judgment,  "that  America  has  the 
same  place  and  rights  as  other  states  be  they  ever 
so  mighty  and  imperial,"  would  scarcely  have  full 
force  if  the  apostolic  delegates  of  the  American 
legation  were  recalled  to  assume  a  nunciature, 
while  the  nuncios  of  Austria,  Prance,  Spain  or  Por- 
tugal are  recalled  only  to  receive  the  cardinalitial 
dignity. 

325.  If  legates  are  sent  to  the  courts  of  emperors 
or  kings  of  greater  countries  they  are  called  nuncios; 
but  if  sent  to  courts  of  lesser  rank  or  to  cities  where 
there  are  no  courts  they  are  called  internuncios. 
Holland  and  Brazil  have  internuncios.  Belgium  and 
Bavaria,  however,  like  the  greater  nations,  have 
nuncios.  .  A  new  departure  seems  to  have  been  made 
in  regard  to  republics,  which  were  scarcely  known 
when  nunciatures  were  established.  Representa- 
tives of  the  Apostolic  See  sent  to  republics  usually 
are  called  delegates  apostolic,  and  if  in  addition  to 
spiritual  affairs  they  represent  the  Pontiff  in  civil 
matters,  they  are  called  delegates  apostolic  and 
envoys  extraordinary.  Such  legates  represent  the 
Holy  See  in  Columbia,  in  Equedor,  Bolivia  and  Peru, 
and  in  San  Domingo*,  Haiti  and  Venezuela.  One  dele- 
gate extraordinary,  it  will  be  noticed,  represents  the 
Holy  See  in  three  countries. 

326.  The  nunciatures  are  under  the  Cardinal-sec- 
retary of  State  and  receive  instructions  through 
him.  The  legations  in  the  countries  of  South 
America,   as   well  as  the  countries  themselves,  are 


SUPPORT   OF   LEGATIONS.  295 

under  the  Sacred  Congregation  for  Extraordinary 
Ecclesiastical  Affairs  which  is  intimately  connected 
with  the  Secretariate  of  State.  The  position  of  the 
American  legation  seems  not  yet  fully  settled,  for 
while  it  is  nominally  under  the  Propaganda,  still  it 
depends  more  directly  on  the  Vatican  tha,n  on  this 
Sacred  Congregation.  Neither  have  its  limits  been 
exactly  determined. 

The  greater  legations,  Austria,  France,  Spain, 
Portugal  and  the  United  States,  besides  the  legate 
have  each  an  auditor  and  a  secretary,  appointed  to 
them  by  the  Holy  See.  Bavaria,  Belgium,  Brazil 
and  Holland  each  have  an  auditor  but  no  secretary. 
The  other  legations  have  only  the  delegate  apostolic. 
These  legations  are  supported  directly  by  the  Holy 
See,  so  that,  as  Pius  VI.  says  to  the  bishops  of  Ger- 
many, there  may  be  no  complaint  made  on  the  score 
of  expense  or  abuse.  Super  Nunciaturis,  No.  ijg. 
The  sum  of  $6,000  annually  is  allowed  the  apostolic 
delegate  to  the  United  States. 

The  nations  which  have  representatives  at  the 
papal  court  to-day  are  Austria-Hungary,  Bavaria, 
Belgium,  Bolivia,  Brazil,  Columbia,  Ecuador, 
France,  Hayti,  Monaco,  Peru,  Portugal,  Prussia, 
Russia,  San  Domingo,  Spain.  Mexico  at  the  present 
time  is  re-establishing  relations  with  the  Holy   See. 

Besides  the  American  legation,  which,  dating 
from  January  24,  1893,  is  the  latest  one  established, 
there  are  seven  other  apostolic  delegations  depending 
on  the  Sacred  Congregation  of  the  Propaganda. 
These  are:  Constantinople,  established  May  6,  1887; 
Egypt  and  Arabia,  October  9,  1888;  Greece,  April 
29,  1892;  Oriental  India,  March  15,  1892;  Mesopo- 


296  THE   ROMAN   COURT. 

tamia,  Kurdistan  and  Armenia  Minor,  April  4,  1884; 
Persia,  February  13,  1881;  Syria,  August  19,  1890. 
The  Apostolic  delegation  to  Oriental  India  is  quite 
similar  to  that  of  the  United  States.  It  is  placed 
over  eight  archiepiscopal  and  twenty-two  episcopal 
sees.  Like  that  sent  to  the  United  States  it  was 
established  by  His  Holiness,  while  the  other  delega- 
tions were  established  by  the  Propaganda  with  the 
sanction  of  the  Pontiff.  None  of  these  delegations 
represent  the  Holy  See  in  civil  matters;  their  fac- 
ulties and  jurisdiction  are  confined  to  spiritual 
affairs.  For  this  reason  they  are  all  called  apostolic 
delegations,  whatever  may  be  their  power  and  influ- 
ence. The  legations  to  the  United  States  and  to 
Oriental  India  are  placed  over  archbishoprics  and  bish- 
oprics properly  established,  but  the  other  apostolic 
delegations  are  placed  over  apostolic  vicariates  and 
prefectures,  all  of  whose  incumbents  have  delegated, 
not  ordinary  jurisdiction.  Because  then  the  lega- 
tions to  the  United  States  and  to  Oriential  India 
were  to  be  placed  over  bishops  having  ordinary 
jurisdiction,  the  Sovereign  Pontiff  himself  estab- 
lished them,  by  virtue  of  his  primacy  over  the  uni- 
versal Church. 


CHAPTER  III. 

THE   POWER   OF   APOSTOLIC   LEGATES. 

327.  The  nunciatures  and  legations  of  the  present 
day  succeed  the  legates-born  and  the  vicars  apos- 
tolic and  apocrisarioi  of  previous  ag-es.  Legates  of 
the  present  day,  however,  have  not  the  extensive 
faculties  possessed  by  those  of  former  times;  but 
nevertheless  like  them  they  have  permanent  and 
ordinary  jurisdiction  in  the  regions  over  which  they 
are  placed. 

One  great  and  notable  difference  in-  the  policy  of 
the  Apostolic  See  in  regard  to  legates  is  this:  while 
the  legfates-born  were  always  natives  of  the  country 
where  they  exercised  apostolic  authority  in  the  name 
of  the  Roman  Pontiff,  and  while  the  apostolic  vicars 
were  nearly  always  bishops  of  the  province  over  which 
they  had  delegated  jurisdiction;  at  the  present  day 
nuncios  and  deleg-ates  apostolic  are  strang-ers  and 
have  no  episcopal  see  in  the  country  to  which  they 
are  sent  as  leg-ates. 

328.  The  experience  acquired  by  the  Church  from 
the  ninth  to  the  sixteenth  centuries  will  undoubtedly 
be  sufficient  to  last  for  several  ag-es  to  come. 
Legates  of  the  Holy  See,  who  were  bishops  of  the 
country  wherein  they  exercised  jurisdiction  were 
failures,  because  of  the  jealousy  of  other  bishops 
ag-ainst  them,  and  because  when  necessity  required 

297 


298  THE   ROMAN   COURT. 

severe  measures  against  some  of  their  brethren  they 
were  either  from  sympathy  or  from  fear  unequal  to 
the  occasion.  They  could  stop  neither  simony  nor 
incontinence;  nor  could  they  protect  the  Church 
ag-ainst  the  encroachments  of  the  civil  power  on 
which  too  often  they  depended  for  their  temporali- 
ties. Again  they  were  likely  to  be  partisans  or  to 
serve  their  own  interests  and  those  of  their  residen- 
tial see,  rather  than  the  interests  of  justice  and  the 
dictates  of  a  broad  and  generous  policy  which  alone 
could  satisfy  Christendom. 

The  apostolic  delegate  to  the  American  church, 
it  may  therefore  safely  be  said,  will  never  be  the 
bishop  of  a  residental-  see  in  the  United  States. 
Moreover  in  the  light  of  history  it  is  doubtful 
whether  he  will  ever  be  an  American;  for  human 
nature  is  the  same  to-day  as  it  was  fifteen  centuries 
ago.  The  jealousy  of  good  men  is  not  less  in  Amer- 
ica to-day  than  it  was  in  Illyria  in  the  fifth  century 
and  in  Europe  in  the  tenth.  Inferior  officials, 
assistants  or  assessors,  may  properly  be  natives  and 
residents  of  the  country  wherein  a  legation  is  estab- 
lished; for  they  can  bring  a  knowledge  of  peculiar 
circumstances  and  a  spirit  of  nationalism  to  the 
legation,  which  combined  with  the  vivifying  life  and 
Catholic  spirit  of  a  legate  fresh  from  the  Holy  See, 
cannot  fail  to  produce  the  happiest  results;  but  the 
legate  himself  will  be  an  impartial  stranger. 

329.  Legates  sent  from  the  Holy  See  are  either 
legati  non-jitdices  or  legati  judices.  The  former  are 
those  sent  to  perform  some  special  duty,  which  being 
done  they  return  to  Rome.  Such  legates  are  sent, 
for  instance,  to  carry  the  biretum  to  a  newly-created 


THE   AMERICAN   LEGATION.  299 

cardinal  who  lives  away  from  Rome.  They  are 
usually  called  ablegates,  and  have  no  ordinary  juris- 
diction in  the  country  to  which  they  are  sent. 

Legate- judges  are  those  who  have  ordinary  spir- 
itual jurisdiction  in  the  country  to  which  they  are 
sent.  Legates  a  latere  and  nuncios  or  delegates 
apostolic  have  such  ordinary  jurisdiction  in  the  coun- 
tries confided  to  them;  and  this  jurisdiction  does  not 
expire  through  the  death  of  the  Pope  who  appoints 
them,  even  though  they  have  not  yet  assumed  their 
office.  The  reason  is  that  they  are  commissioned 
and  sent  by  the  Apostolic  See  which  never  dies. 
Ordinary  jurisdiction  is  essential  to  the  office  of  an 
apostolic  legate,  that  is,  his  jurisdiction  must  be, 
morally  speaking,  universal  or  extending  to  all 
causes  and  persons  of  a  certain  territory  or  society. 
A  jurisdiction  which  extends  only  to  certain  partic- 
ular causes  or  persons  is  a  delegated  not  ordinary 
jurisdiction.  The  ordinary  jurisdiction  of  an  apos- 
tolic delegate  comes  from  his  office  and  dignity,  not 
from  special  delegation. 

330.  This  can  best  be  understood  by  recalling 
examples  known  to  Americans.  Archbishop  Spald- 
ing was  appointed  apostolic  delegate  to  preside  over 
the  Second  Plenary  Council  of  Baltimore.  In  the 
same  way  Archbishop  Gibbons  was  made  apostolic 
delegate  for  the  Third  Plenary  Council.  They  had 
full  authority  over  bishops  and  archbishops  in  all 
that  pertained  to  the  council,  but  their  jurisdiction 
ended  with  the  completion  of  its  work.  Again, 
Monsignor  Satolli  was  sent  as  the  Pope's  represen- 
tative to  the  opening  of  the  Catholic  University  of 
America;  his  position  was  that  of  an  ablegate,   not 


300  THE   ROMAN  COURT. 

a  judge-legate,  and  having-  performed  his  mission  he 
returned  to  Rome.  Later  he  was  sent  as  an  able- 
gate to  represent  the  Holy  See  at  the  World's  Col- 
umbian Exposition  in  the  fall  of  1892;  but  at  the 
same  time  he  was  commissioned  as  a  special  apos- 
tolic delegate  in  regard  to  several  causes  and  con- 
troversies which  had  been  referred  to  Rome.  On 
January  24,  1893,  the  American  legation  was  estab- 
lished, and  Monsignor  Satolli  being  appointed  dele- 
gate apostolic,  thereby  from  this  office  and  dignity 
acquired  ordinary  jurisdiction  over  the  bishops,  clergy 
and  Catholic  people  of  the  United  States  in  all  spir- 
itual affairs.  Prom  this  it  is  evident  that  the  term, 
apostolic  delegate,  is  rather  a  general  one,  and  the 
power  it  represents  can  b.e  judged  only  from  the 
position  of  the  legate,  whether  he  is  a  special  legate 
or  the  incumbent  of  a  permanent  legation,  or  from 
the  letters  of  appointment.  For  as  Pirhing  says, 
"the  power  of  an  apostolic  legate,  both  as  to  exten- 
sion and  restriction  depends  absolutely  on  the  will 
of  the  delegating  Pontiff;  in  nearly  the  same  way  as 
the  power  of  a  vicar  general  depends  on  the  will  of 
the  bishop  appointing  him." 

331.  All  legates  having  ordinary  jurisdiction  can 
sub-delegate  to  others  causes  within  their  compe- 
tency. Such  delegation,  however,  expires  with 
the  death  or  recall  of  the  legate,  unless  the  cause 
has  been  begun  at  least  by  citation. 

When  the  Pope  has  specially  delegated  a  certain 
cause  to  anyone,  an  apostolic  legate  cannat  inter- 
fere. The  reason  is,  that  a  special  mandate  dero- 
gates from  a  general  one,  and  "a  special  delegate 
of  the  Pope  in  the  cause  committed  to  him  is  greater 


APOSTOLIC   DELEGATES.  301 

than  the  legate  of  the  Pope."  Smalzgriiber,  tit.  30, 
lib.  I.  Decret.  Hence  in  such  a  case,  the  legate  can- 
not call  the  matter  before  himself,  nor  can  he  annul 
the  sentence  of  the  special  delegate,  nor  receive  an 
appeal  from  his  sentence.  Thus  a  controversy 
which  a  metropolitan  by  special  delegation  has 
heard  before  the  advent  of  a  legate,  cannot  be 
reviewed  by  the  legate,  but  only  by  Rome  itself. 
Moreover  a  cause  which  has  once  been  heard  in 
Rome,  if  only  on  an  interlocutory  point,  cannot  be 
heard  by  an  apostolic  delegate. 

332.  Legates  of  the  Apostolic  See  are  competent 
judges  in  the  second  instance  in  regard  to  all  ecclesias- 
tical causes  of  the  whole  province  or  region  committed 
to  them.  Before  the  Council  of  Trent  they  could  hear 
causes  also  in  the  first  instance,  but  this  power  was 
then  withdrawn.  Hence  before  the  Council  of  Trent 
an  apostolic  legate  had  concurrent  jurisdiction  with 
all  the  ordinaries  existing  in  his  province,  even  in 
regard  to  judging  controversies  in  the  first  instance. 
In  other  words  a  litigant  was  free  to  begin  his  case 
either  in  the  diocesan  court  or  before  the  apostolic 
legate;  for  when  there  is  more  than  one  ordinary 
judge,  the  complainant  has  the  choice  of  courts. 

But  this  competency  of  apostolic  legates  in  the 
first  instance  was  withdrawn  by  the  Council  of 
Trent  in  these  words:  "All  causes  which  in  any 
way  pertain  to  the  ecclesiastical  forum,  even  regard- 
ing benefices,  shall  be  heard  in  the  first  instance 
only  before  the  ordinaries  of  places.  Legates,  even 
those  a  latere  and  nuncios,  whatever  their  faculties, 
shall  not  presume  to  impede  or  trouble  bishops  in 
the   aforesaid  causes."      Hence   unless   legates   are 


302  THE   ROMAN   COURT. 

authorized  by  a  special  faculty  since  the  Council  of 
Trent  they  cannot  hear  and  decide  causes  originat- 
ing- in  a  diocese  between  clerics  or  laymen,  or  causes 
of  a  bishop  against  clerics  of  his  diocese.  When 
parishioners,  therefore,  make  complaints  against 
their  pastor  to  the  apostolic  delegate,  such  complaints 
are  usually  forwarded  to  the  ordinary  of  the  diocese 
wherein  the  complaint  originated. 

333.  If,  however,  a  cleric,  as  complainant,  has  a 
cause  against  his  own  bishop,  the  apostolic  legate  of 
the  country  may  hear  it  in  the  first  instance.  Such 
a  cause  does  not  pertain  to  the  diocesan  court.  The 
bishop  cannot  judge  his  own  cause,  and  the  diocesan 
tribunal  cannot  judge  the  bishop.  Neither  can 
arbitri  necessarii  be  selected  for  such  a  case. 

Moreover  the  jurisdiction  of  the  metropolitan  in 
the  first  instance  in  purely  civil  causes  in  which  a 
cleric,  as  complainant,  sues  his  bishop,  is  doubtful, 
and  will  remain  so,  because  Rome  has  declined  to 
decide  the  question.  On  January  20,  1893,  the 
Sacred  Congregation  of  the  Propaganda  to  whom 
the  question  was  referred  on  appeal,  replied:  "Since 
it  is  controverted  among  canonists,  the  Sacred  Con- 
gregation does  not  wish  to  decide  the  question  by  its 
sentence."  This  decree  was  approved  by  the  Holy 
Father  on  February  10,  1893. 

The  jurisdiction  of  the  metropolitan  over  his 
suffragans  in  such  a  case  being  doubtful,  practically 
it  is  useless.  Such  cases  must  therefore  be  brought 
in  the  first  instance  either  before*  the  Apostolic  See 
or  before  its  legate.  If  brought  before  the  Apos- 
tolic See  the  case  will  be  remitted  to  its  legate  or  a 
special  delegate  will  be  appointed.     An  example  of 


SUSPENSIONS   EXAMINED.  303 

such  a  case  might  occur,  if  a  bishop  declined  or 
neglected  to  repay  a  sum  of  money  which  he  had 
borrowed  from  one  of  the  priests  of  his  diocese. 
The  apostolic  legate  is  the  ordinary  superior  of  the 
bishop  and  has  competent  jurisdiction. 

334.  Legates  according  to  the  present  law  do  not 
hear  causes  in  the  first  instance,  unless  these  causes 
having  been  begun,  are  not  terminated  in  the  diocesan 
court  within  two  years.  In  the  second  instance, 
however,  or  on  appeal,  legates  have  full  jurisdiction; 
so  that  a  litigant  may  appeal  from  the  sentence  of 
his  ordinary  either  to  the  metropolitan  or  to  the 
apostolic  delegate. 

It  may  be  noted,  that  at  the  present  time,  the 
American  legation  does  not  hear  causes  in  the  third 
instance,  or  as  a  court  of  last  resort.  Thus  a  cause 
begun  in  a  diocesan  court,  then  heard  on  appeal  in 
the  metropolitan  court,  cannot  be  heard  by  the 
apostolic  legate,  but  only  by  Rome.  This,  however, 
is  expected  to  be  changed,  so  that  the  legation  may 
be  a  supreme  court.  Further,  it  may  be  noted  that 
a  regular  appeal  does  not  lie  to  Rome  against  a 
decision  or  sentence  of  the  apostolic  delegate,  but 
only  a  recourse  to  the  Holy  See.  For  sufficient  rea- 
sons a  rehearing  may  be  granted  by  the  legation  it- 
self without  such  recourse. 

335.  Suspensions  ex  informata  conscientia  may  on 
recourse  by  the  suspended  cleric,  be  examined  by  the 
apostolic  delegate  at  the  American  legation  without 
the  necessity  of  a  recourse  to  Rome.  When  recourse 
is  made  against  such  a  suspension,  the  legation 
writes  to  the  bishop  for  his  reasons,  and  the  matter 
is  then  carefully  examined  and   the  suspension   re- 


304  THE   ROMAN   COURT. 

laxed  if  the  reasons  alleged  do  not  seem  sufficient,  or 
the  suspension  sustained  if  it  is  founded  on  proper 
testimony. 

Again  the  legation  is  used  as  a  tribunal  of  inter- 
pellation. Ordinaries  consult  with  the  apostolic 
delegate  as  to  the  proper  method  of  proceeding  in 
certain  cases,  so  that,  following  his  directions,  there 
may  be  no  danger  of  them  going  wrong  and  being 
reversed  on  appeal.  Such  interpellation,  however, 
should  contain  a  clear  and  complete  statement  of  the 
case,  not  a  partial  one,  else  reversal  will  likely 
follow. 

336.  An  apostolic  legate,  although  he  is  the  supe- 
rior and  ordinary  judge  of  the  bishops  and  arch- 
bishops residing  in  his  province,  nevertheless  since 
the  time  of  the  Council  of  Trent  by  ordinary  law 
cannot  proceed  against  their  crimes. 

It  is  true  that  Smalzgruber  says:  "A  pontifical 
legate  can  and  should  reform  the  morals  and  correct 
the  vices  even  of  bishops  and  archbishops  who  are 
in  his  province,  because  he  is  their  ordinary  judge 
and  superior  in  power."  Tit.  jo,  De  Legato.  But 
this,  it  seems,  should  be  understood  of  the  common 
law  as  it  existed  before  the  Council  of  Trent.  For 
that  council  reserved  the  greater  criminal  causes  of 
bishops  to  the  Holy  See,  and  the  lesser  ones  to  the 
provincial  council.  Whence  according  to  ordinary 
law  an  apostolic  delegate  has  no  jurisdiction  in  such 
matters.  Criminal  charges  against  bishops  must 
therefore  be  filed  with  the  Holy  See,  which  may 
then  commission  its  delegate  to  examine  and  report 
the  matter.  The  ordinary  duty  of  the  legate  him- 
self requires  him  to  report  such  cases. 


FACULTIES  OF  LEGATES.  305 

According  to  Session  24,  chapter  20,  De  Refor- 
matione,  "legates  are  not  to  proceed  against  clerics, 
or  other  ecclesiastical  persons,  unless  a  demand  first 
has  been  made  on  their  bishop  and  he  has  been 
negligent."  Any  offence,  however,  committed  by  a 
cleric  or  other  person  against  the  apostolic  legate 
himself  renders  such  offender  directly  amenable  to 
punishment  by  the  legate. 

But  while  an  apostolic  delegate  may  not  by  his 
ordinary  commission  proceed  against  even  the  minor 
personal  crimes  of  bishops,  still  he  may  insist  on 
their  remedying  all  defects  in  the  administration  of 
their  dioceses.  If  he  meets  with  refusal,  instead  of 
dealing-  out  censures,  the  usual  procedure  at  the 
present  time  is  to  refer  the  matter  to  Rome,  whither 
the  recalcitrant  bishop  soon  is  quietly  called  to  ex- 
plain his  conduct. 

337.  A  general  rule  regarding  the  power  of  leg-ates 
is  that  a  legate  can  do  in  his  province  or  region  what- 
ever a  bishop  can  do  in  his  diocese,  an  archbishop  in 
his  province  and  a  primate  in  the  reg-ion  over  which 
his  primacy  extends.  This  g-eneral  rule,  however, 
has  no  application  in  those  matters  which  the  canons, 
the  Council  of  Trent  or  the  apostolic  constitutions 
expressly  reserve  to  ordinaries. 

Further,  according  to  Pirhing-,  Tit.  jo,  De  Legato, 
"a  legate  can  do  all  that  the  Sovereign  Pontiff  can 
do  except  only  those  things  which  are  reserved  to  the 
Sovereign  Pontiff  as  a  mark  of  his  singular  privilege 
or  prerogative;  because  these  things  are  not  com- 
prehended in  the  general  office  and  mandate  of  lega- 
tion unless  they  are  specially  mentioned."  Whence 
it  follows  that  a  legate  cannot  transfer  bishops  from 


306  THE   ROMAN   COURT. 

one  see  to  another,  nor  divide  or  unite  bishoprics,  nor 
depose  bishops  nor  accept  their  resignations. 
Neither  can  he  authorize  the  alienation  of  church 
property. 

338.  In  all  these  matters,  however,  he  not  only 
may  but  is  required  to  make  reports  to  the  Holy  See. 
Likewise  in  the  filling-  of  episcopal  sees,  a  legate  has 
not  a  little  influence.  Apostolic  nuncios,  even  where 
they  have  but  little  jurisdiction,  as  in  France, 
nevertheless  draw  up  for  the  Holy  See  the  canonical 
information  in  regard  to  those  nominated  by  the 
government  to  the  episcopacy. 

Likewise  the  canonical  process  in  regard  to  candi- 
dates recommended  for  episcopal  sees  in  the  United 
States  at  one  time  or  another  passes  through  the 
legation. 

In  the  same  way  letters  sent  by  the  Holy  See  to 
the  whole  episcopate  are  forwarded  to  the  apostolic 
delegate  for  execution.  Petitions  to  the  Holy  See  if 
forwarded  through  its  legate  and  with  his  recom- 
mendation are  generally  granted.  Further,  accord- 
ing to  a  special  brief  of  the  Holy  Father,  the  Peter's 
pence,  collected  in  the  various  dioceses  of  the  United 
States,  is  to  be  sent  to  the  apostolic  delegate  that  by 
him  it  may  be  forwarded  to  Rome. 

339.  According  to  common  law  apostolic  legates 
may  validly  assist  at  marriages  even  where  the 
Council  of  Trent  has  been  promulgated.  The}T 
cannot,  however,  either  approve  confessors  or  confer 
orders  unless  at  the  request  of  bishops. 

Legates  can  enact  for  the  entire  province  or  region 
over  which  they  are  placed,  permanent  statutes,  i.  e., 
such  as  will  remain  in  force  even  after  their  legate- 


LEGATES  A  LATERE.  307 

ship  has  expired.  They  can,  moreover,  by  virtue  of 
their  general  commission  and  without  any  special 
authorization  of  the  Pope,  convene  a  provincial  or 
even  a  plenary  council;  but  the  acts  of  the  council 
must  be  sent  to  Rome  for  approval.  They  can  also 
visit  the  churches  and  institutes  of  the  country  to 
which  they  are  sent,  in  order  to  eradicate  and  destroy 
what  is  contrary  to  the  laws  of  the  Church. 

Finally  the  office  of  an  apostolic  legate  may  be 
summed  up  by  saying-,  &  is  his  right  and  duty  to 
exercise  supreme  inspection  in  ecclesiastical  affairs, 
to  procure  the  observance  of  the  apostolic  constitu- 
tions, to  restrain  abuses,  to  correct  depraved  morals 
and  defects,  to  foster  concord  and  fidelity  to  the 
Sovereign  Pontiff  and  to  report  to  the  Holy  See  what 
he  thinks  will  be  conducive  to  the  good  of  the  Church. 

340.  Cardinal  legates  a  latere  according  to  common 
law  have  certain  rights  and  privileges  greater  than 
other  legates.  As  soon  as  a  cardinal  legate  a  latere 
leaves  Rome  he  can  assume  the  insignia  of  his  office 
and  conduct  himself  as  a  legate  even  before  he 
reaches  the  province  to  which  he  is  sent.  On  his 
return  he  puts  off  his  insignia  only  on  entering  Rome 
or  the  city  where  the  papal  Court  resides.  During 
all  this  time,  even  outside  his  province,  he  can 
absolve  those  excommunicated  for  laying  violent 
hands  on  clerics.  A  legate  can  do  this  only  within 
his  province.  Moreover  while  he  is  present  in  his 
province,  all  other  legates  cannot  use  the  insignia  of 
their  office  or  exercise  jurisdiction.  The  reason 
given  is  that  a  cardinal  legate,  being  nearer  to  him, 
more  nearly  represents  the  Pontiff. 

Again  legates  a  latere  have  jurisdiction  over  those 


308  THE   ROMAN   COURT. 

exempt  from  episcopal  jurisdiction,  except  only  in  some 
matters  specially  reserved  to  the  Pontiff.  Hence 
they  can  hear  and  decide  the  controversies  of  exempt 
clerics,  notwithstanding-  their  privilege  of  exemption. 
But  other  legates  by  virtue  of  their  general  commis- 
sion have  no  faculties  over  them  who  are  exempt 
from  episcopal  jurisdiction.  By  special  delegation 
apostolic  legates  may  receive  such  faculties,  and  as 
a  matter  of  fact,  the  American  legation  has  exercised 
jurisdiction  over  those  ordinarily  exempt. 

341.  Cardinal  legates  a  latere  concurrently  with 
ordinaries  may  confer  benefices.  This  rule,  how- 
ever, has  many  restrictions,  for  they  cannot  confer 
episcopal  sees,  whether  elective  or  not.  Neither  can 
they  confer  regular  or  collegiate  churches,  nor  the 
greater  dignities  of  cathedrals  if  these  are  elective. 
Benefices  which  are  in  litigation  or  which  are  spec- 
ially reserved  to  the  Sovereign  Pontiff  are  also"  out- 
side their  jurisdiction. 

When  a  cardinal  asserts  that  he  is  sent  as  a  legate 
a  latere  he  is  to  be  believed  without  being  required 
to  show  his  letters  of  appointment.  In  regard  to 
his  powers  he  is  not  obliged  to  show  his  delegation, 
except  as  to  extraordinary  faculties  which  he  has 
received  in  addition  to  those  conferred  by  law  on 
cardinal  legates. 

A  nuncio  or  apostolic  delegate,  however,  is  obliged 
to  make  his  faculties  known,  both  in  regard  to  those 
given  him  by  common  law  and  those  specially  con- 
ferred; otherwise  he  need  not  be  acknowledged. 

342.  As  soon  as  a  cardinal  legate  makes  his  ap- 
pointment known  officially,  he  takes  precedence,  in 
his  province,  over  all  bishops,   archbishops  and   pri- 


PRECEDENCE  OE   LEGATES.  309 

mates,  so  that  he  occupies  a  higher  throne  in  the 
church,  and  exercises  pontifical  rights  and  gives  the 
blessing  even  in  the  presence  of  the  diocesan  bishop. 
He  has  precedence  also  over  all  other  cardinals,  even 
if  they  are  his  seniors  and  of  a  higher  order.  Car- 
dinal legates,  therefore,  receive  the  highest  honor, 
for  they  directly  and  immediately  represent  all  the 
authority  of  the  Apostolic  See.  Further,  they  can 
celebrate  pontifically  in  the  cathedral  of  an  arch- 
bishop even  without  his  permission.  This  a  nuncio 
or  apostolic  legate  cannot  do,  according  to  a  decis- 
ion of  the  Sacred  Congregation  of  Rites. 

When  a  legate  is  present  in  a  city,  its  bishop  can- 
not bless  the  people  nor  use  the  mozzetta  or  the 
rochet  uncovered.  Still  he  can  do  so  in  his  cathe- 
dral if  the  legate  is  not  present,  or  if  he  consents. 
S.  Cong-.  Concilii,  2  Oct.  1601 . 

343.  The  power  of  an  apostolic  legate  ceases  with 
the  completion  of  the  work  for  which  he  was  sent  or 
with  the  expiration  of  the  time  for  which  he  was 
appointed.  His  power  also  ceases  when  he  leaves 
his  province  with  the  intention  of  not  returning. 
But  a  legate  to  whom  several  countries  are  com- 
mitted may  go  from  one  to  the  other,  all  the  while 
retaining  complete  jurisdiction  over  them  all.  In 
fact  he  may  summon  causes  of  one  country  to  be 
heard  by  him  in  another  within  his  jurisdiction. 
Also  by  death  or  recall  all  power  of  a  legate  ceases 
and  all  sub-delegations  become  void  if  the  causes  are 
not  37et  begun.  Finally,  when  a  cause  or  business  mat- 
ter is  brought  before  the  Sovereign  Pontiff  himself 
every  legate  is  prohibited  from  touching  it  further. 

344.  All  nuncios  and  apostolic  delegates  have  ordi- 


310  THE   ROMAN   COURT. 

nary  jurisdiction  over  the  clergy  and  people  of  their 
entire  province;  but  some  have  more  jurisdiction, 
others  less.  Their  faculties  depend  entirely  on  their 
brief  of  appointment  and  delegation.  The  practice 
of  the  Roman  Court  to-day,  especially  in  regard  to 
nuncios,  is  to  specifically  determine  their  faculties. 
Lequeux  says:  "The  nuncio  at  Paris  exercises  noact 
of  jurisdiction  except  when  canonical  information  is 
to  be  sent  to  the  Holy  See  regarding  the  nominations 
made  by  the  government  to  vacant  bishoprics.  His 
work  is  to  manage  the  business  of  the  Pontiff  at  the 
French  court,  to  watch  over  the  integrity  of  faith 
and  the  observance  of  the  canons,  and  to  inform  the 
Sovereign  Pontiff  respecting  all  affairs  of  greater 
moment." 

Nevertheless  apostolic  nuncios  are  not  simply  dip- 
lomatic envoys;  they  have  also  authority  over  the 
faithful  of  the  kingdom  to  which  they  are  sent. 
For  this  is  specifically  taught  by  Cardinal  Jacobini 
writing  as  Secretary  of  State  in  the  name  of  the  Pon- 
tiff to  Monsignor  Rampolla,  then  nuncio  at  Madrid: 
"Nuncios  have  no  other  authority  than  that  which 
is  communicated  to  them;  but  their  briefs  of  appoint- 
ment show  that  they  have  not  merely  a  diplomatic 
mission,  but  an  authoritative  one  over  the  faithful 
and  over  all  religious  matters." 

345.  When  legates  are  appointed  with  the  facul- 
ties which  pertain  to  them  by  law  without  any  other 
enunciation  or  specification,  then  they  have  all  the 
jurisdiction  which  has  been  mentioned  in  the  pre- 
ceding numbers  as  the  common  law  jurisdiction  of 
nuncios  arid  apostolic  delegates.  By  subsequent 
delegation    they  may    receive  other    faculties,    but 


AUTHORITY  OF  THE  LEGATE.        311 

these  do  not  limit  but  rather  extend  their  jurisdiction. 

Thus  the  American  legation  has  all  the  extraor- 
dinary faculties  which  the  bishops  of  the  country 
have  received  up  to  the  present  time,  regarding-  mat- 
rimonial dispensations  and  other  matters  contained 
in  Form  I,  and  Forms  C,  D  and  E,  and  the  delegate 
can  sub-delegate  them  throughout  the  country,  if 
prudence,  charity  or  necessity  requires  such  action. 

From  this  it  is  evident  that  the  gracious  jurisdic- 
tion of  the  apostolic  delegate  to  the  United  States  is 
very  extensive,  and  when  it  is  considered  that  during 
the  first  two  years  of  its  existence  the  legation 
treated  over  seven  hundred  and  fifty  contentious 
cases  of  various  kinds,  the  position  of  the  legate  will 
be  acknowledged  not  a  sinecure. 

346.  The  apostolic  delegate  to  the  United  States 
has  the  full  and  unlimited  common  law  jurisdiction 
of  apostolic  legates.  His  brief  of  appointment  gave 
him  without  limit,  "all  and  singular  the  powers  nec- 
essary and  expedient  for  the  carrying  on  of  the  apos- 
tolic legation."  The  brief  by  which  Pope  Leo  XIII. 
appointed  Monsignor  Satolli  apostolic  delegate  was 
dated    January   24,    1893,    and    is    the    following : 

"Venerable  Brother  :  Holding  you  in  very  special 
affection,  We  by  our  apostolic  authority  and  by 
virtue  of  these  present  letters,  do  elect,  make  and 
declare  you  to  be  apostolic  delegate  in  the  United 
States  of  America,  at  the  good  pleasure  of  ourself 
and  this  Holy  See.  We  grant  you  all  and  singular  the 
powers  necessary  and  expedient  for  the  carrying  on 
of  such  delegation.  We  command  all  whom  it  con- 
cerns to  recognize  in  you  as  apostolic  delegate  the 
supreme  power  of  the  delegating  Pontiff;  We  com- 


312  THE   ROMAN   COURT. 

mand  that  they  give  you  aid,  concurrence  and  obe- 
dience in  all  tilings;  that  they  receive  with  reverence 
your  salutary  admonitions  and  orders.  Whatever 
sentence  or  penalty  you  shall  declare  or  inflict 
against  those  who  oppose  your  authority  We  will 
ratify,  and  with  the  authority  given  Us  by  the  Lord 
will  cause  to  be  observed  inviolably  until  condign 
satisfaction  be  made,  notwithstanding  constitutions 
and  apostolic  ordinances  or  any  other  thing  to  the 
contrary." 

These  are  great  powers  and  the  consummate  wis- 
dom, prudence  and  skill  with  which  they  have  been 
exercised  by  Monsignor  Satolli  more  than  justify  the 
Pope's  selection  of  the  first  American  delegate 
apostolic. 

347.  The  American  legation  is  ecclesiastical  not 
diplomatic.  The  Holy  Father  commissioned  his 
legate  to  the  Catholic  church  in  the  United  States, 
not  to  the  United  States  government.  In  his 
encyclical  of  January  6,  1895,  addressed  to  the 
archbishops  and  bishops  of  the  United  States  of 
North  America,  Pope  Leo  XIII.  himself  gives  the 
reasons  why  he  established  the  legation.  These  are 
his  ever-memorable  words: 

"When  the  Council  of  Baltimore  had  concluded  its 
labors,  the  duty  still  remained  of  putting,  so  to 
speak,  a  proper  and  becoming  crown  upon  the  work. 
This,  We  perceived,  could  scarcely  be  done  in  a  more 
fitting  manner  than  through  the  due  establishment 
by  the  Apostolic  See  of  an  American  legation. 
Accordingly,  as  you  are  well  aware,  We  have  done 
this.  By  this  action,  as  We  have  elsewhere  in- 
timated, We  have  wished,  first  of  all,  to  certify  that 


REASONS  EOR  THE  LEGATION.       313 

in  our  judgment  and  affection  America  occupies  the 
same  place  and  rights  as  other  states,  be  the}7  ever 
so  mighty  aud  imperial. 

"In  addition  to  this  We  had  in  mind  to  draw  more 
closely  the  bonds  of  duty  and  friendship  which  con- 
nect you  and  so  many  thousands  of  Catholics  with 
the  Apostolic  See.  In  fact,  the  mass  of  the  Catho- 
lics understand  how  salutary  our  action  was  destined 
to  be.  They  saw,  moreover,  that  it  accorded  with 
the  usage  and  policy  of  the  Apostolic  See.  For  it 
has  been  from  earliest  antiquity,  the  custom  of  the 
Roman  Pontiffs,  in  the  exercise  of  the  divinely  be- 
stowed gift  of  the  primacy  in  the  administration  of 
the  Church  of  Christ,  to  send  forth  legates  to  Chris- 
tian nations  and  peoples.  And  they  did  this,  not  by 
an  adventitious,  but  an  inherent  right.  For,  upon 
the  'Roman  Pontiff  Christ  has  conferred  ordinary 
and  immediate  jurisdiction,  a*s  well  over  all  and 
singular  the  churches,  as  over  all  and  singular  the 
pastors  and  faithful'. 

"Since  he  cannot  personally  visit  the  different 
regions  and  thus  exercise  the  pastoral  office  over 
the  flock  intrusted  to  him,  he  finds  it  necessary  from 
time  to  time,  in  the  discharge  of  the  ministry  im- 
posed on  him,  to  dispatch  legates  into  the  different 
parts  of  the  world,  according  as  the  need  arises,  who, 
supplying  his  place,  may  correct  errors,  make  the 
rough  ways  plain,  and  administer  to  the  people  con- 
fided to  their  care  increased  means  of  salvation. 

"But  how  unjust  and  baseless  would  be  the  sus- 
picion, should  any  exist,  that  the  powers  conferred 
on  the  legate  are  an  obstacle  to  the  authority  of  the 
bishops.     Sacred  to  us  more  than  to  any  other,  are 


314  THE   ROMAN  COURT. 

the  rights  of  those  'whom  the  Holy  Ghost  has  placed 
as  bishops  to  rule  the  Church  of  God.'  That  these 
rights  should  remain  intact  in  every  nation,  in  every 
part  of  the  globe,  We  both  desire  and  ought  to  de- 
sire, the  more  so  since  the  dignity  of  the  individual 
bishops  is  by  nature  so  interwoven  with  the  dignity 
of  the  Roman  Pontiff  that  any  measure  which  ben- 
efits the  one  necessarily  protects  the  other.  '  'My 
honor  is  the  honor  of  the  universal  Church.  My 
honor  is  the  unimpaired  vigor  of  my  brethren. 
Then  am  I  truly  honored  when  to  each  one  due  honor 
is  not  denied.' 

"Therefore,  since  it  is  the  office  and  function  of  an 
apostolic  legate,  with  whatsoever  powers  he  may  be 
vested,  to  execute  the  mandates  and  interpret  the 
will  of  the  Pontiff  who  sends  him,  far  from  his  being 
of  any  detriment  to  the  ordinary  power  of  the 
bishops,  he  will  rather  bring  an  accession  of  stability 
and  strength.  His  authority  will  possess  no  slight 
weight  for  preserving  in  the  multitude  a  submissive 
spirit;  in  the  clergy,  discipline  and  due  reverence  for 
the  bishops;  and  in  the  bishops,  mutual  charity  and 
an  intimate  unison  of  souls. 

"And  since  this  unison,  so  salutary  and  desirable, 
consists  mainly  in  harmony  of  thought  and  action, 
he  will  no  doubt  bring  it  to  pass  that  each  one  of  you 
shall  persevere  in  the  diligent  administration  of  his 
diocesan  affairs;  that  one  shall  not  impede  another 
in  matters  of  government;  that  one  shall  not  pry 
into  the  counsels  and  conduct  of  another;  finally, 
that  with  disagreements  eradicated  and  mutual 
esteem  maintained,  you  may  all  work  together, 
with  combined    energies,   to   promote  the   glory   of 


REASONS   FOR   THE   LEGATION.  315 

# 
the    American    churches   and    the  general    welfare. 

4 'It  is  difficult  to  estimate  the  good  results  which 
will  flow  from  this  concord  of  the  bishops.  Our  own 
people  will  receive  edification;  the  force  of  example 
will  have  its  effect  on  those  without,  who  will  be 
persuaded  by  this  argument  alone  that  the  divine 
apostolate  has  descended,  by  inheritance,  to  the 
ranks  of  the  Catholic  episcopate. 

"Another  consideration  claims  our  earnest  atten- 
tion. All  intelligent  men  are  agreed,  and  We  our- 
selves have  with  pleasure  intimated  it  above,  that 
America  seems  destined  for  greater  things.  Now, 
it  is  our  wish  that  the  Catholic  Church  should  not 
only  share  in,  but  help  to  bring  about,  this  prospec- 
tive greatness.  We  deem  it  right  and  proper  that 
she  should,  by  availing  herself  of  the  opportunities 
daily  presented  to  her,  keep  equal  step  with  the 
Republic  in  the  march  of  improvement,  at  the  same 
time  striving  to  the  utmost,  by  her  virtue  and  her 
institutions,  to  aid  in  the  rapid  growth  of  the  states. 
Now,  she  will  attain  both  these  objects  the  more 
easily  and  abundantly  in  proportion  to  the  degree  in 
which  the  future  shall  find  her  constitution  perfected. 

"But  what  is  the  meaning  of  the  legation  of  which 
we  are  speaking,  or  what  is  its  ultimate  aim,  except 
to  bring  it  about  that  the  constitution  of  the  Church 
shall  be  strengthened,  her  discipline  better  fortified? 
Wherefore,  We  ardently  desire  that  this  truth 
should  sink,  day  by  day,  more  deeply  into  the  minds 
of  Catholics — namely,  that  they  can  in  no  better  way 
safeguard  their  individual  interests  and  the  common 
good  than  by  yielding  a  hearty  submission  and  obe- 
dience to  the  Church." 


CHAPTER  IV. 


VICARS   APOSTOLIC. 


348.  Since  the  Sacred  Congregations  of  Cardinals 
and  legates  of  the  Holy  See  take  the  place  of  the 
Roman  Pontiff,  in  a  certain  sense -they  can  be  called, 
and  sometimes  are  called,  vicars  apostolic.  But  this 
term  is  used  in  a  stricter  sense  and  to-day  almost 
exclusively  of  another  kind  of  ministers,  whose  help 
the  Sovereign  Pontiff  uses  to  exercise  his  jurisdiction 
and  fulfill  his  mission  in  various  parts  of  the  world. 

349.  From  remote  antiquity  the  Apostolic  See  was 
accustomed  to  designate  some  bishop  in  each  of  the 
principal  regions  of  the  Catholic  world,  to  take  the 
place  of  the  Roman  Pontiff  and  to  preside  as  vicar  of 
the  Apostolic  See  over  the  other  bishops  and  metro- 
politans of  that  region.  Ordinarily  this  duty  was 
committed  to  one  of  the  archbishops  of  the  region, 
and  in  fact  so  regularly  to  the  archbishop  of  a  cer- 
tain see,  that  at  his  death  the  Sovereign  Pontiff 
made  his  successor  the  apostolic  vicar.  Hence  such 
vicars  apostolic  little  differed  from  those  who  later 
were  called  legates-born.  But  to-day,  when  vicars 
apostolic  are  mentioned,  very  different  persons  from 
these  are  understood.  Neither  is  the  cardinal-vicar 
of  Rome  a  vicar  apostolic  in  the»usual  acceptation  of 
the  term,  although  he  really  takes  the  place  of  the 
Roman  Pontiff  in  administering  the  diocese  of  Rome. 


316 


VICARS   APOSTOLIC   TO-DAY.  317 

350.  A  vicar  apostolic,  as  the  term  is  used  to-day, 
is  a  cleric  deputed  by  the  Apostolic  See  to  exercise 
pastoral  authority  in  a  certain  region,  not  in  his  own 
name,  but  in  that  of  the  Roman  Pontiff.  As  to  their 
power  of  ruling-,  vicars  apostolic  do  not  necessarily 
differ  from  ordinary  bishops  of  places;  for  as  a  bishop 
in  regard  to  his  diocese  is  a  true  pastor  with  juris- 
diction in  the  internal  and  external  forum,  so  is  a 
vicar  apostolic  the  same  in  the  region  committed  to 
him.  In  fact  the  vicar  receives  not  only  the  same, 
but  even  greater  faculties  than  the  bishop.  The 
difference  between  them  consists  in  this:  •  the 
bishop  rules  his  flock  in  his  own  name,  and,  though 
subject  to  pontifical  authority,  nevertheless  is  not 
merely  a  vicar  of  the  Pope.  On  the  contrary  a 
vicar  apostolic  administers  his  region  not  in  his  own 
name,  but  in  that  of  the  Sovereign  Pontiff. 

351.  Some  vicars  apostolic  have  not  received  epis- 
copal consecration,  while  others  have  received  it  and 
are  titular  bishops  of  non-residential  sees.  The 
episcopal  character  is  not  necessary  that  one  may  be 
a  vicar  apostolic,  but  it  is  conferred  when  thought 
useful  for  the  better  administration  of  the  vicariate. 

There  are  two  classes  of  vicars  apostolic;  those 
who  are  deputed  for  regions  in  which  there  are  no 
canonically  erected  episcopal  sees  or  dioceses,  and 
no  ordinaries  who  rule  as  regular  pastors;  and  sec- 
ondly, those  who  are  appointed  to  rule  a  diocese  either 
during  a  vacancy,  or  when  the  see  is  not  vacant,  but 
the  bishop  for  some  cause  is  unable  to  administer  it. 

352.  The  former  class  of  vicars  are  nominated  by 
the  Sacred  Congregation  of  the  Propaganda  and 
confirmed    by    the   Roman    Pontiff,    through  whom 


318  THE   ROMAN  COURT. 

they  receive  their  faculties  and  commission.  No 
informative  process  regarding-  the  state  of  the 
church  or  diocese  is  necessary,  for  the  reason  that 
no  dioceses  are  canonically  erected. 

If  the  person  to  be  made  vicar  apostolic  is  present 
in  Rome  or  in  Italy,  or  if  there  are  two  men  in  Rome 
who  can  testify  to  his  fitness,  an  informative  process 
concerning-  his  qualities  must  be  made  before  the 
auditor  of  the  Apostolic  Treasury.  But  if  the  candi- 
date is  not  in  Italy  and  two  witnesses  cannot  be 
found,  it  is  sufficient  that  he  be  judg-ed  fit  by  the 
Propag-anda.  This  is  the  constitution  Gravis simum, 
of  Benedict  XIV.  dated  January  18,  1757.  When, 
therefore,  an  informative  process  regarding*  the  qual- 
ities of  the  candidate  has  been  made  and  found  satis- 
factory; or  when  on  the  recommendation  of  the  Pro- 
pag-anda, the  Pope  has  consented  that  he  be  ap- 
pointed vicar  apostolic,  letters  of  appointment 
conveying-  jurisdiction  are  sent  him,  with  instruc- 
tions reg-arding-  his  consecration  as  a  titular  bishop. 

353.  Ordinarily  in  these  letters  the  administration 
of  a  vicariate  is  conferred  upon  him  with  all  faculties 
which  are  necessary  or  expedient.  This  general 
delegation  gives  him  the  same  jurisdiction  that  a 
regularly  appointed  bishop  has  in  his  diocese.  In 
addition,  by  other  letters  he  usually  receives  more 
generous  faculties. 

Although  the  Holy  See  does  not  consider  that  vicars 
apostolic  are  ordinaries,  still  because  by  delegated 
power  they  are  truly  pastors  and  superiors  of  the 
clergy  and  people  committed  to  them,  it  follows  that 
they  have  all  the  faculties  which  are  necessarily 
connected   with    the    rule    and   administration    of   a 


WORK   OF    VICARS   APOSTOLIC.  319 

vicariate  both  in  the  internal  and  external  forum. 
In  other  words  they  have  legislative,  judicial  and 
coercive  power  over  persons,  and  administrative 
power  over  the  property  of  the  vicariate,  so  that  no 
bishop  or  other  ordinary,  even  if  he  have  metropoli- 
tan,, primatial  or  other  dignity,  can  interfere  in  the 
regions  committed  to  the  care  of  vicars  apostolic. 
On  the  other  hand,  neither  may  the  vicar  transgress 
the  boundaries  of  his  vicariate  and  exercise  jurisdic- 
tion in  any  other  country. 

354.  From  the  fact  that  vicars  apostolic  are  not 
diocesan  bishops,  it  follows  that  they  have  no 
cathedral  churches  and  therefore  no  competency  in 
what  pertains  to  cathedral  chapters.  Hence  vicars 
apostolic  cannot  name  honorary  canons  or  confer  the 
insignia  of  capitulars  upon  their  missionaries. 
(S.  Gong.  Prop.  Nov.  27,  1858.)  From  the  same 
principle  it  follows  that  vicars  apostolic  cannot  have 
vicars  general,  such  as  by  a  general  commission  can 
receive  the  faculties  which  the  law  assigns  to  this 
office.  Still  nothing  prohibits  them  from  selecting 
some  competent  person  to  assist  them  in  administer- 
ing the  vicariate,  and  from  giving  him  special  facul- 
ties even  with  the  right  of  sub-delegating. 

355.  The  whole  obligation  of  a  vicar  apostolic  in 
the  exercise  of  his  office  is  contained  in  this  :  that 
he  preserve  the  Catholic  faith  where  it  has  taken 
root  and  have  a  care  for  the  faithful  whom  he  finds; 
and  secondly,  that  he  announce  Christ  to  infidels  and 
endeavor  to  bring  heretics  and  schismatics  back  to 
the  bosom  of  the  Church.  In  order  to  perform  these 
duties  properly  he  is  under  the  obligation  of  preach- 
ing, of  residing  in  his  vicariate  and  visiting  it,  and  of 


320  THE   ROMAN   COURT. 

making"  a  visit  ad  limina  or  to  the  Holy  See.  It  may 
be  noted  that  a  vicar  apostolic,  not  having-  an  episco- 
pal see,  may  reside  in  any  place  in  his  vicariate;  but 
he  is  obliged  to  remain  within  its  limits  and  not  to 
leave,  even  to  g-o  to  Rome,  without  permission  of  the 
Sacred  Congregation  of  the  Propag-anda. 

The  visitation  of  the  vicariate  may  be  made 
throug-h  other  missionaries,  and  the  visit  ad  limina 
may  be  made  throug-h  a  procurator  sent  for  the 
special  purpose  or  appointed  in  Rome.  Moreover, 
the  vicar  is  to  appoint  some  one  to  take  his  place  in 
case  of  death  and  deleg-ate  to  him  all  the  faculties  he 
possesses.  This  deleg-ate  in  case  of  the  vicar's  death 
will  administer  the  vicariate  as  the  deleg-ate  of  the 
Apostolic  See  until  other  provision  is  made. 

356.  The  episcopal  dig-nity  has  many  privileges. 
Some  of  these  are  common  both  to  titular  bishops 
and  to  those  of  residential  sees;  others  are  peculiar 
to  the  latter.  A  vicar  apostolic,  therefore,  who  is  a 
titular  bishop,  has  the  privileg-e  of  a  portable  altar, 
of  saying*  Mass  or  having-  it  said  in  his  private  chapel 
one  hour  before  sunrise  and  one  hour  after  noon,  of 
choosing-  any  approved  priest  for  his  confessor,  and 
of  being-  subject  immediately  to  the  Holy  See.  But 
because  he  is  not  a  diocesan  bishop,  in  using-  ponti- 
ficals he  cannot  act  as  a  diocesan;  that  is,  he  cannot 
erect  a  throne  in  any  church,  or  use  a  seventh  candle 
on  the  altar;  neither  is  his  name  to  be  mentioned  in 
the  canon  of  the  Mass. 

357.  Besides  vicars  there  are  also  prefects  apos- 
tolic in  missionary  countries.  When  the  Holy  See 
sends  a  band  of  missionaries  to  a  certain  reg-'ion  it 
usually  appoints  one  of  them  superior  over  the  others, 


PREFECTS  APOSTOUC.  321 

and  gives  him  special  faculties  which  he  can  use  as 
the  necessity  or  utility  of  the  mission  requires.  This 
superior  is  called  the  prefect  of  the  apostolic  mission 
or  the  prefect  apostolic.  Generally  he  is  not  a 
bishop,  but  as  a  priest  he  has  unusual  jurisdiction, 
which  sometimes  includes  the  power  of  administer- 
ing- the  sacrament  of  confirmation. 

In  conferring  these  faculties  and  sending  forth 
these  missionaries  to  preach,  the  Roman  Pontiff 
exercises  his  primacy  or  supreme  authority,  and  he 
does  this  independently  of  bishops.  Moreover,  pun- 
ishment is  attached  to  any  act  which  may  impede  the 
missionaries  who  go  forth  with  such  faculties;  and 
if  bishops  without  just  cause  endeavor  to  prevent  the 
exercise  of  them,  the  missionaries  may  nevertheless 
persist,  but  should  at  once  inform  the  Sacred  Con- 
gregation of  the  misunderstanding. 

358.  From  this  case  it  will  be  noticed  that  there 
are  two  classes  of  prefects  apostolic;  those  who  are 
in  charge  of  a  territory  over  which  no  titular  or 
other  bishop  has  charge,  and  those  who  are  sent  into 
the  territory  which  is  under  the  jurisdiction  of  a 
vicar  apostolic  or  bishop.  In  the  latter  case,  prefects 
are  obliged  to  show  their  letters  patent  and  faculties 
to  the  bishop  or  his  vicar  as  soon  as  they  reach  their 
destination,  in  order  that  there  may  be  no  question 
of  their  authority.  The  bishop's  consent  is  necess- 
ary in  order  that  they  may  use  the  faculty  of  saying 
Mass  twice  a  day,  and  that  they  may  administer 
parochial  sacraments,  such  as  matrimony  and 
extreme  unction.  Their  other  faculties  they  may 
use  without  the  bishop's  consent,  except  that  they 
cannot   consecrate   chalices   or   altar  stones    unless 


322  THE  ROMAN  COURT. 

where  there  is  no  bishop,  or  he  is  distant  over  a  two 
day's  journey.  However,  if  a  grave  and  urgent 
cause  makes  such  action  necessary  or  advisable,  the 
bishop  may  limit  or  even  suspend  the  use  of  all  these 
faculties.  In  such  an  event  he  must  immediately 
inform  the  Sacred  Congregation  and  state  the  rea- 
sons which  governed  his  action.  The  apostolic  pre- 
fects, not  only  in  such  a  case,  but  also  as  a  regular 
duty,  are  bound  to  report  to  the  Propaganda  the 
progress  of  their  missions. 

359.  The  vicars  apostolic  mentioned  above  are 
they  who  are  appointed  in  missionary  countries; 
there  are  also  others  appointed  to  govern  dioceses  in 
the  name  of  the  Sovereign  Pontiff  where  the  hier- 
archy has  been  established  canonically.  These  may 
be  appointed  to  rule  a  diocese  during  a  vacancy,  or 
when  the  see  is  filled,  but  the  bishop  cannot  exercise 
jurisdiction  for  one  or  another  cause. 

During  a  vacancy  the  following  reasons  induce  the 
appointment  of  a  vicar  apostolic  to  rule  the  diocese 
until  the  see  is  again  filled:  If  the  bishop  died 
through  violence,  if  the  chapter  does  not  agree  in 
selecting  a  vicar  capitular,  if  the  one  elected  by  the 
chapter  is  unlearned  or  otherwise  unfit,  if  the  vicar 
capitular  is  called  to  Rome,  if  the  see  has  been 
vacant  long  or  is  likely  to  be  so,  or  if  any  other  grave 
reason  suggests  the  appointment. 

360.  The  vicar  apostolic  is  sent  by  the  Sovereign 
Pontiff  with  a  brief,  or  b}^  the  Sacred  Congregation 
of  Bishops  and  Regulars  with  letters  signed  by  the 
Pontiff.  Such  a  vicar  apostolic  can  do  all  that  a 
bishop  can  do,  except  to  use  pontificals,  and  he  there- 
fore has  all  the  jurisdiction  of  a  bishop.     In  addition 


VICARS  OF   DIOCESES.  323 

to  this  ordinary  power  not  unfrequently  he  receives 
other  special  faculties. 

Moreover,  his  jurisdiction  does  not  lapse  with  the 
death  of  the  Roman  Pontiff  who  sends  him;  and 
further  an  appeal  from  his  judgment  is  taken  to  the 
metropolitan,  not  to  the  Holy  See,  as  would  be  nec- 
essary in  case  he  were  an  apostolic  delegate. 

A  vicar  apostolic  appointed  to  rule  and  administer 
a  diocese  is  usually  not  a  bishop,  but  if  appointed 
over  a  vicariate  in  missionary  countries  he  generally 
is  consecrated.  The  reason  for  the  different  policy 
is  that  the  vicar  appointed  over  a  diocese  will  remain 
in  charge  but  a  short  time,  while  an  apostolic  vicar 
in  missionary  countries  receives  a  permanent 
appointment. 

361.  Various  causes  render  necessary  the  appoint- 
ment of  a  vicar  apostolic  over  a  diocese  which  has  a 
bishop.  Some  are:  If  the  bishop  governs  badl}T,  if 
he  is  sordid,  if  he  is  old  or  suspended  from  his  juris- 
diction, if  he  is  to  be  tried  or  called  to  Rome,  if  he 
does  not  reside  in  his  diocese,  if  the  good  of  the 
church  requires  it,  if  the  bishop  is  unfit  or  unable  to 
rule  and  administer  the  diocese.  The  causes  for 
which  a  vicar  apostolic  may  be  appointed  can  be 
reduced  to  this  one;  namely,  when  there  is  a  grave 
reason,  either  with  or  without  the  fault  of  the 
bishop,  that  he  should  be  removed  from  the  adminis- 
tration of  the  diocese,  and  if  at  the  same  time  the 
cause  is  not  such  as  to  entail  deposition  and  again 
for  other  reasons  it  is  not  expedient  to  appoint  a 
coadjutor  bishop. 

362.  When  in  such  a  case  a  vicar  apostolic  is 
appointed,  the  exercise  of  all  jurisdiction  belongs  to 


324  THE   ROMAN   COURT. 

him  and  the  bishop  may  not  interfere  in  any  way. 
Hence  it  belongs  to  the  vicar  to  hold  a  co'ncursus 
and  designate  the  more  worthy  candidate  for  a 
parish;  it  belongs  to  him  also  to  admit  candidates  to 
orders. 

When  a  vicar  apostolic  is  in  charge,  the  bishop  can 
have  no  vicar  general;  but  the  vicar  apostolic  cannot 
proceed  against  the  one  who  was  vicar  general  for 
any  acts  performed  when  he  was  in  office.  Neither 
can  he  interfere  in  any  civil  or  criminal  or  mixed 
causes  which  concern  the  bishop,  unless  under  spe- 
cial direction  from  the  Holy  See. 

The  vicar  apostolic  uses  his  own  seal,  but  he  is 
allowed  only  the  honor  bestowed  on  the  vicar  gen- 
eral of  a  bishop. 

363.  When  a  bishop,  for  the  causes  mentioned 
above,  is  to  be  suspended  or  removed  from  office,  an 
apostolic  administrator  is  sometimes  appointed 
instead  of  a  vicar.  Such  an  administrator  is  a  titu- 
lar bishop,  and  has  the  privileges  of  his  episcopal 
office  as  well  as  delegated  jurisdiction  to  rule  and 
administer  the  diocese  in  the  name  of  the  Sovereign 
Pontiff.  Thus  when  Napoleon  Bonaparte  was  exiled 
from  France,  his  uncle,  Cardinal  Fesch,  was  re- 
moved from  the  metropolitan  see  of  Lyons  by  the 
Pope,  and  a  titular  bishop  was  sent  to  rule  it  as  an 
apostolic  administrator. 


CHAPTER  V. 

PROTONOTARIES   APOSTOIvIC. 

364.  During*  the  first  centuries  of  the  Christian 
era  when  persecution  raged  most  furiously  against 
the  Church  of  God,  the  glorious  acts  of  confessors 
of  the  faith  and  the  heroic  sufferings  of  Christian 
martyrs  were  not  allowed  to  go  unrecorded.  Popes 
Clement  I.  and  Antherus  I.  chose  certain  men,  noted 
for  their  piety,  prudence  and  zeal  for  religion,  and 
deputed  them  to  act  as  notaries  in  the  city  of  Rome 
and  wherever  the  cross  of  Christ  was  acknowledged. 
Their  work  was  to  put  in  writing  and  preserve  the 
names  of  those  who  suffered  martyrdom,  and  the 
circumstances  in  which  it  occurred,  as  well  as  to 
bear  witness  to  the  courageous  words  of  the  perse- 
cuted Christians  and  the  blindness  and  hardness  of 
heart  of  pagan  tyrants. 

Seven  of  these  notaries  were  appointed  for  the 
city  of  Rome,  one  for  each  region  or  district;  and 
because  of  their  dignity  and  the  honor  in  which  they 
were  held,  and  also  to  distinguish  them  from  other 
notaries,  they  were  called  proto  or  first  notaries. 

365.  When  the  persecutions  ceased  the  office  of 
protonotary  did  not  cease;  its  work  only  was 
changed.  For  Pope  Julius  I.  assigned  to  these  men 
the  duty  of  carefully  recording  all  decrees  and  en- 
actments concerning    faith    and   discipline,    and   all 

325 


326  THE   ROMAN   COURT. 

matters  which  were  deemed  worthy  of  being-  handed 
down  to  posterity.  In  this  way  it  happened  that 
the  office  of  protonotary  became  most  illustrious,  and 
in  the  course  of  time  was  enriched  by  numerous  priv- 
ileges. Pope  Sixtus  V.  increased  the  number  of 
protonotaries  in  the  city  from  seven  to  twelve,  and 
at  the  same  time  enlarged  and  confirmed  their  privi- 
leges and  assig-ned  them  large  revenues  wherewith 
to  keep  up  the  dignity  of  their  illustrious  position. 

366.  To  these  notaries  who  were  called  -participat- 
ing-, others  were  added  in  different  regions  of  the 
Christian  world  whose  work  in  their  regions  was 
similar  to  that  of  the  protonotaries  in  Rome.  The 
participating  protonotaries  formerly  were  allowed 
to  sell  their  office  so  that  the  buyer  succeeded  the 
seller  in  the  College  of  Protonotaries.  But  this 
venality  was  abolished  about  the  year  1793,  and  in 
place  of  the  revenues  which  had  been  assigned  to  the 
college,  an  annual  pension  was  paid  to  each  member. 

In  the  pontificate  of  Gregory  XVI.  there  were 
only  two  protonotaries,  and  with  their  death  the  col- 
lege of  participating  protonotaries  would  have  be- 
come extinct,  had  not  this  Pontiff  restored  it.  This 
he  did  in  his  constitution  of  February  7,  1838,  by 
which  he  decreed  that  the  number  of  participating- 
protonotaries  should  again  be  seven  and  that  their 
ancient  privileges  and  splendor  should  be  restored. 

367.  Many  authors  distinguish  only  two  kinds  of 
protonotaries,  those  of  the  number  participating  and 
those  ad  instar  or  supernumerary.  Bouix,  however, 
and  others  contend  that  supernumerary  protonotaries 
shuuld  be  u  >io....  into  h\k>^  aft  tnsiav  ana  those 
merely  titular  or  honorary.     He  quotes  the  consti- 


PRIVILEGES   OE   PROTONOTARIES.  327 

tution,  Cum  innumeri,  of  Pius  VII.  in  support  of  his 
second  division  and  mentions  the  restricted  privileges 
of  titular  protonotaries.  The  Gerarchia  Cattolica, 
however,  gives  only  two  classes,  protonotaries  de 
nimiero,  or  those  participating,  and  protonotaries 
supernumerary,  like  to  those  participating.  Titular 
protonotaries  may  have  been  omitted  by  the  compiler, 
because  they  do  not  belong  to  the  pontifical  family. 
.  Protonotaries,  no  matter  what  their  class,  should 
be  secular  clerics,  at  least  twenty-five  years  of  age 
and  doctors  in  theology  and  in  both  canon  and  civil 
law.  They  have  authority  to  draw  up  and  legalize 
every  kind  of  writing,  both  public  and  private,  and 
to  certify  to  any  and  all  documents  so  as  to  make 
them  legal  testimony  both  in  and  out  of  court. 

One  participating  protonotary  always  belongs  to 
the  Congregations  of  the  Propaganda  and  of  Rites, 
in  which  latter  Congregation  the  protonotary  fre- 
quently takes  the  place  of  the  secretary  in  drawing 
up  the  process  of  canonization  or  beatification. 
Again  they  act  as  referees  in  the  Signature  of  Jus- 
tice and  the  Signature  of  Favor,  and  prepare  a  report 
on  the  matters  submitted  to  them,  giving  the  facts 
in  the  case,  the  petition  of  the  orator  and  the  objec- 
tions of  those  opposing  the  petition. 

368.  Pope  Sixtus  V.  enumerated  and  confirmed 
the  privileges  of  the  college  of  participating  proto- 
notaries. Among  these  privileges  he  gave  them  the 
right  to  confer  the  doctorate.  Pius  IX.,  however, 
on  February  9,  1853,  restricted  this  general  faculty 
so  that  they  can  confer  degrees  only  in  theology  and 
law,  not  in  philosophy  and  the  other  sciences.  At 
present,   therefore,  they  can  confer  the  doctorate  in 


328  THE   ROMAN   COURT. 

theology  on  four  persons  each  year  and  the  doctorate 
in  law  also  on  four  persons  each  year,  but  only  on 
the  following-  conditions:  They  can  confer  the  doc- 
torate only  on  persons  present  in  Rome;  a  report 
must  previously  be  made  to  the  Sovereign  Pontiff  on 
each  candidate  for  degrees;  an  examination  of  the 
candidates  must  be  held  b}^  at  least  five  protonotaries, 
and  if  so  many  cannot  assist,  then  professors  of  the 
Roman  archig-ynasium  are  to  be  called  in  to  supply 
the  requisite  number;  the  examination  is  to  be  con- 
ducted according-  to  the  constitution  of  Pope  Leo 
XII. ;  each  year  a  report  reg-arding-  the  degrees  con- 
ferred is  to  be  made  by  the  aforementioned  protono- 
taries to  the  Sacred  Cong-reg-ation  on  Studies;  and 
another  report  containing-  the  names  of  those  receiv- 
ing- degrees  is  to  be  placed  in  the  archives  of  the 
Roman  Colleg-e. 

369.  Sixtus  V.  grave  the  colleg-e  of  protonotaries 
the  privileg-e  of  creating-  notaries,  and  of  legitimizing- 
illegitimate  children  so  that  they  could  inherit  prop- 
erty. But  Pius  IX.  took  away  both  these  faculties, 
and  allowed  them  to  create  only  one  honorary  proto- 
notary  each  year,  and  even  this  faculty  was  not  to  be 
exercised  until  after  the  special  consent  of  the  Sov- 
ereign Pontiff  had  been  obtained  for  each  case. 

Further,  Sixtus  V.  made  participating-  protono- 
taries the  familiars  of  the  Pope  and  domestic  pre- 
lates; and  as  such  they  have  a  rig-ht  to  the  revenues 
of  their  prebends  even  thoug-h  absent.  He  exempted 
them  from  the  jurisdiction  of  ordinaries  and  made 
them  subject  immediately  to  the  Holy  See,  so  that 
no  bishop  can  pass  or  execute  sentence  upon  them. 
This  privileg-e  was  confirmed  by  Pope  Pius  IX. 


PROTONOTARIES   AD   INSTAR.  329 

Moreover  participating-  protonotaries  can  use  pon- 
tificals, outside  of  Rome,  even  in  cathedral  churches 
with  the  consent  of  the  bishop  if  he  is  present. 
They  also  may  wear  a  violet  cassock  and  mantelletta, 
and  the  rochet  in  public  functions,  and  use  a  black 
hat  bound  with  violet  and  decorated  with  rose-col- 
ored tassels.  To  these  privileges  may  be  added  that 
of  a  portable  altar  and  a  private  oratory.  Formerly 
these  protonotaries  had  precedence  over  bishops,  and 
consequently  over  all  prelates,  as  Cardinal  Petra 
shows;  but  Pope  Pius  II.  about  the  year  1460 
ordained  that  precedence  both  in  Court  and  out  of  it 
thereafter  should  be  given  to  bishops,  even  those  not 
yet  consecrated,  over  the  notaries  of  the  Pope,  com- 
monly called  protonotaries.  At  present  they  precede 
all  other  prelates,  except  only  bishops. 

370.  Protonotaries  ad  instar  or  supernumerary  are 
in  a  lower  grade;  but  they  have  many  privileges,  a 
copy  of  which  is  always  sent  by  the  secretary  of  the 
college  to  a  newly-appointed  protonotary.  These 
privileges  are :  1°.  Protonotaries  ad  instar  are 
familiars  of  the  Sovereign  Pontiff  and  domestic  pre- 
lates, but  they  are  subject  to  the  jurisdiction  of  their 
ordinary.  2°.  They  use  the  rochet,  cappa,  mantell- 
etta and  mantelone  in  pontifical  processions.  3°. 
They  wear  mourning-  at  the  death  of  the  Pon- 
tiff and  put  on  violet  at  the  announcement  of  his  suc- 
cessor. 4°.  In  pontifical  processions  they  immedi- 
ately follow  the  bishops  who  are  assistants  at  the 
throne,  but  they  precede  bishops  who  are  not  assist- 
ants, because  these  wear  only  the  mantelletta. 
5°.  In  the  papal  chapel  they  have  their  place  just 
back  of  the  Most  Eminent  cardinal-deacons,  in  the 


330  THE   ROMAN   COURT. 

rear.  6°.  If  participating-  protonotaries  are  want- 
ing*, they  assume  their  place  and  duties,  so  that 
they  also  enjoy  the  privilege  of  sitting*  on  the  bench 
of  the  bishops  after  the  last,  if  there  is  only  one 
protonotary.  7°.  Outside  of  Rome  on  solemn  feasts 
they  can  wear  "all  pontificals,  having"  obtained  the 
consent  of  the  ordinary.  But  in  celebrating-  they 
must  recog-nize  certain  restrictions.  8°.  In  Rome 
and  out  of  it,  formerly  they  preceded  all  canons  and 
dig-nitaries,  except  bishops,  both  in  collegiate  and 
in  cathedral  and  patriarchal  churches.  But  now 
outside  of  Rome,  in  church  and  in  processions  they 
yield  precedence  to  vicars  general,  to  canons  of  the 
cathedral  assisting-  as  a  chapter,  and  to  abbots. 
9°.  In  as  much  as  they  are  protonotaries  they  are 
also  referees  of  both  Sig-natures,  that  of  Justice  and 
that  of  Favor.  10°.  They  have  the  rig-ht  to  use  the 
pontifical  and  semi-pontifical  hat,  ornamented  with 
silk  rose-colored  cords  and  tassels;  and  they  wear 
these  cords  also  on  their  every-day  hat.  11°. 
They  have  the  indult  of  a  private  oratory,  to 
be  visited  and  approved  by  the  ordinary,  in  which 
even  on  more  solemn  feasts,  in  the  presence  of  their 
relatives  living-  with  them  and  their  servants,  they 
can  celebrate  Mass  themselves  or  have  it  celebrated 
by  any  approved  priest,  either  a  secular  or  a  mem- 
ber of  a  relig-ious  order.  12°.  In  the  same  oratory 
they  may  have  the  stations  of  the  cross  and  g-ain 
all  indulgences  attached  to  them.  13°.  In  the 
absence  of  the  protonotary,  Mass  can  be  said  in  the 
oratory  provided  some  one  of  those  mentioned  in 
number  11°  is  present,  and  provided  the  protonotary 
has    not    chang-ed    his    domicile   or    wishes    to    use 


TITULAR   PROTONOTARIES.  331 

the  privilege  of  this  oratory    in    some   other  place. 
In  saying-  Mass  privately  protonotaries  ad  itistar 
are  not  allowed  any  marks  of  distinction  over  simple 
priests. 

371.  Protonotaries  ad  instar  began  to  be  appointed 
only  a  short  time  before  the  pontificate  of  Sixtus  V. 
At  first  they  were  few,  but  now  the  number  of 
supernumerary  protonotaries  ad  i7istar  is  two  hun- 
dred and  seven,  many  of  whom  live  outside  of  Rome. 
They  are  created  only  by  the  Sovereign  Pontiff. 
The  canons  of  the  three  great  Roman  basilicas,  those 
of  St.  John  Lateran,  of  St.  Peter,  and  of  St.  Mary 
Major  are  all  protonotaries  of  this  class. 

When  a  supernumerary  protonotary  is  to  be  cre- 
ated outside  of  Rome,  the  execution  of  the  apostolic 
letters  of  appointment  usually  is  committed  to  his 
bishop,  and  at  the  same  time  a  folio  is  sent  giving 
instructions  and  the  form  necessary  for  conferring 
the  insignia.  The  ceremony  generally  takes  place 
after  high  Mass.  As  part  of  the  ceremony,  just 
previous  to  the  conferring  of  the  insignia,  the  candi- 
date takes  an  oath  to  fulfil  the  duties  of  his  office 
and  makes  a  profession  of  faith.  The  ceremony  is 
then  closed  with  the  singing  of  the  Te  Denm. 

372.  Although  merely  titular  or  honorary  protono- 
taries are  of  earlier  origin  than  protonotaries  ad 
instar,  still  they  have  not  as  many  privileges,  par- 
ticularly since  Pius  VII.  in  the  year  1818  restricted 
them  considerably.  Honorary  protonotaries  are 
allowed  to  wear  a  prelatic  habit  outside  of  Rome, 
consisting  of  a  cassock  without  a  train  and  of  a  small 
cape,  called  mantelletta,  both  of  which  must  be  black. 
They  may  use  a  rochet    under    the    cape    in    public 


332  THE   ROMAN   COURT. 

prayers  and  other  church  services.  The  use  of 
purple  stockings  and  rabbi  is  prohibited  them;  these 
as  well  as  the  band  of  their  hats  must  be  black. 

Further  they  are  not  allowed  to  celebrate  poli- 
tically or  in  any  way  different  from  other  priests; 
hence  they  should  vest  in  the  sacristy,  not  wear  a 
ring-,  not  use  more  than  two  candles,  not  have  more 
than  one  server. 

373.  Honorary  or  titular  protonotaries  take  pre- 
cedence, if  in  prelatic  habit,  over  all  clerics,  priests, 
and  even  canons  taken  singly,  but  not  as  a  college; 
they  do  not,  however,  precede  prelates  of  the  Roman 
Court,   vicars  general,  vicars  capitular  and  abbots. 

They  can  draw  up  acts  for  the  canonization  or 
beatification  of  saints,  unless  there  is  in  the  same 
place  a  participating  protonotary.  They  can  also 
be  chosen  conservators  for  religious  orders,  synodal 
judges,  apostolic  commissaries,  and  are  fit  to  be 
selected  by  the  Sovereign  Pontiff  judges  for  ecclesi- 
astical and  beneficial  causes.  A  profession  of  faith 
may  be  made  before  them  by  those  bound  to  it,  and 
pensions  can  be  transferred  legally  in  their  presence. 
Moreover  by  common  law  the  benefices  they  hold, 
when  vacant,  can  be  conferred  only  by  the  Apostolic 
See. 

The  chief  points  of  difference  between  protono- 
taries ad  instar  and  honorary  protonotaries  are,  that 
the  former  are  familiars  of  the  Pope  and  have  rank 
in  the  Roman  Court,  the  latter  are  not  members  of 
the  pontifical  family;  the  former  have  a  right  to  a 
private  oratory,  the  latter  have  not.  Again  proto- 
notaries ad  instar,  with  the  consent  of  the  ordinary, 
on  solemn  feasts  can  wear  pontificals,   such  as   the 


THE   ROMAN   COURT.  333 

mitre;  but  titular  protonotaries  have  no  such  privi- 
lege. Both  these  classes,  however,  are  under  the 
jurisdiction  of  the  diocesan  ordinary  like  other  clerics. 


374.  The  Roman  Court  is  the  most  ancient  in  the 
world;  for  it  had  gathered  the  experience  of  several 
centuries  before  any  of  the  secular  courts  known 
to-day  had  begun  to  exist.  It  is  the  most  splendid, 
and  still  the  most  democratic;  for  the  son  of  a  peas- 
ant may  reach  the  pontifical  throne  as  well  as  a 
prince  who  has  the  prestige  of  wealth  and  noble 
blood.  The  members  of  this  Court  are  bound 
together,  not  by  family  ties,  but  by  those  of  religion. 

The  head  of  the  Church,  in  his  lonely,  abstemious 
life,  is  an  exemplar  for  all  who  are  honored  with 
membership  in  the  Roman  Court.  Religion,  it  is 
true,  has  a  human  side  as  well  as  one  which  is  divine. 
It  is  neither  truthful  nor  "wise  to  claim  absolute  per- 
fection in  anything  that  depends  even  partially  on 
human  nature.  Hence  no  one  claims  immunity  from 
imperfections  for  the  entire  Roman  Court.  But 
what  is  evident,  is  that  these  imperfections,  originat- 
ing in  human  weakness,  have  not  acted  upon  it  as 
upon  other  courts.  Other  courts  have  been  de- 
stroyed thereby;  the  Roman  Court  still  remains,  and 
to-day  is  brighter  and  stronger  than  in  the  centuries 
of  the  past.  Humanity  and  diplomacy  have  not  done 
this.  The  vivifying,  ever-present  assistance  of 
Divinity  is  the  only  possible  explanation  of  the  long- 
continued  existence  of  the  papacy  and  the  Roman 
Court. 


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